How are employment attorneys paid?

Asked almost 3 years ago - Tracy, CA

Are they paid on contingency like personal injury lawyers?


Attorney answers (3)

  1. 4

    Lawyers agree

    Answered . It depends on the legal claims and the attorney's law practice. Contingency fees make sense when there is a potential for a lump-sum resolution to the case. Not all employment cases have that potential.

    If you have a potential legal situation, it would help us respond if you gave us a little bit of information.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  2. 4

    Lawyers agree

    Answered . Sometimes, attorneys who practice employment law are paid on a contingency basis. It depends on many factors and the type of case it is. Among the considerations are: the strength of the case, the amount of damages involved, the number of hours estimated to be worked by the attorney; the estimated costs that are expected to be incurred, and various intangibles too numerous to mention here. Attorneys who agree to take on a case on a contingency basis are essentially making a business decision that doing so is a good investment of their time, work efforts and money. The attorney and client are, for all intents and purposes, business partners. Most of us who have done this for a long time, have learned to take on contingency cases very selectively.

    There are some cases that can be handled on an hourly or flat fee basis, as well. This is why it is advisable for employees with potential cases to interview a few attorneys. There are some who are more willing to take a contingency case than others and even when we do, the terms of the contingency fee and agreement can vary.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. 3

    Lawyers agree

    Answered . Employment attorneys representing the employee as plaintiff are often paid on a contingency fee basis, whereas employment attorneys representing the employer are more often than not paid on an hourly basis.

    However, there is no rule or requirement regarding the method in which an attorney can be paid, and in fact, there could be any combination of contingency fee, fixed fee, and hourly fee for any given matter.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more

Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

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