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What is an average contingency fee structure for an contract/employment breach?

Huntington, NY |

My pending matter with my employer has already been reviewed by counsel and it is an egregious breach of contract on my employers behalf. To compound the contract/employment claim my employer has withheld 100% payment on three (3) paychecks without explanation, fellow employees have openly defamed my character to clients, sexual harassment and hostile workplace claims may also be added to my pending matter. All items are clearly documented as email, recordings and other evidence exist.

I have met and had consultation yet the contingency range is very wide 20%-40%. I suppose given the ease of representing my matter I am trying to best determine my choice of advocacy.Therefore I am hoping that I can get some average percentages charged for this type of contingency matter. Thank you.

Attorney Answers 4

  1. A normal contingency fee is within that range. A third is pretty typical but if you are concerned about fees why not go with the firm that will do it for 20%.

  2. 33-1/3 to 40% is normal .

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

  3. My colleagues are definitely correct. It depends on the attorney. I know some employment attorneys who work hourly or by contingency, giving you the option.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

  4. Generally for contract litigation I see hybrid retainers of a flat amount down and 33-40%.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.