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Does the state of Texas have a provision allowing for a lawyer to receive amounts in excess of the contingent fee?

Houston, TX |

Is there a provision in Texas law that allows for a lawyer to receive amounts in excess of the contingent fee because of "extraordinary circumstances" that merit greater compensation? If so, what exactly is considered "extraordinary"?

Attorney Answers 4


  1. varies by state. What does the retainer agreement say about atty fee awards? Does it say they go to atty, to client, or is nothing set forth? You might want to call the state bar and ask if Texas has any rules that apply when the agreement is silent about this.


  2. In Texas a contingent fee must be in writing and whatever the written agreement says is what the lawyer can get. This is usually a percent plus expenses. There is no law that entitles an attorney to get more for the work covered by the agreement. If there was work done that is not covered by the agreement, then the lawyer MAY be entitled to reasonable compensation for that in addition to the contingent fee.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  3. I agree with Attorney Arbuckle, if the agreement was to work on a specific case for a certain percentage, then that is what the lawyer gets, if it took him longer or additional unanticipated costs were incurred, that is the risk that he took, just as you took the risk the defendant would settle immediately and your lawyer did little work, but still claimed the entire contingent fee.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  4. No there is no provision. All contingency fee agreements are based on contracts between the attorney and the client. This contract is binding on both parties. If the attorney did work on a different matter, then they could be entitled to fees for that other matter. For example, the attorney takes a car accident case on contingency but then has to probate the deceased person's estate to enter into a settlement. The separate probate case would be outside the contingency case, therefore the attorney would be entitled to a few for that case too.