Legal Question in Personal Injury in New Jersey
May a NJ attorney insist that a potential client agree to pay attorney's costs and expenses even though that attorney offers a free consultation and legal fees only contingent on a favorable outcome? If the NJ attorney fails to win a settlement, is he entitled to charge his client for costs and expenses anyway?
1 Answer from Attorneys
The short answer is that the fee agreement signed by the client controls whether the client is responsible for costs and expenses. There is no restriction against an attorney charging a client for the costs and expenses incurred during litigation that is handled on a contingency fee ( no fee unless successfu) basis. The key is that there is "no fee" - which means no attorney fee, which is separate and apart from the costs and expenses incurred. That said, many attorneys will not charge or seek to collect from a client any of those costs and expenses incurred if they are unsuccessful in getting a settlement for that client, even if the fee agreement signed gives them the right. If you are thinking of retaining a lawyer, and this is a concern of yours, simply let the attorney know. An attorneys' fees and the costs incurred during a representation are always negotiable, and if the attorney doesnt want to agree to your terms, then he likely won't take your case, and you can just go to a different attorney .