What If I Can’t Afford An Attorney?

March 31, 2025 | Personal Injury

The U.S. Constitution guarantees legal representation in criminal cases. Police officers are even required to explain that you are entitled to a lawyer if you cannot afford one. However, the Constitution does not contain similar rights in civil cases. The American legal system does not guarantee a lawyer, whether you have a personal injury case or a contract dispute.

However, the legal profession has devised a way for lawyers and clients to delay the payment of fees. This system allows the client to get high-quality legal assistance for a case without paying any upfront fees.

What Is A Contingency Fee?

A contingency fee is not the same as free legal representation. A contingency fee is a legal fee. However, it has several characteristics that allow clients who cannot afford an attorney to hire one.

First, a contingency fee is charged at the end of the case rather than the beginning. As a result, a lawyer who offers contingency fee representation will start and work on your case without requiring any upfront or ongoing fees. You receive legal services in exchange for your agreement to pay the lawyer when the case ends.

Second, a contingency fee depends on the outcome of your case. If the lawyer recovers nothing, you pay no legal fees. You only pay a legal fee when the lawyer wins or settles your claim. In other words, the lawyer gets paid when you get paid.

Third, a contingency fee is paid from the compensation recovered. The amount is an agreed-upon percentage of any settlement or court award the lawyer wins for you. This has two important implications. The lawyer will deduct the fee from your compensation. Additionally, the fee will not exceed the compensation you receive.

This feature distinguishes a contingency fee from an hourly fee. When you hire a lawyer for an hourly fee, you may end up owing the lawyer more than you win in your case. Since a contingency fee is a percentage of your compensation, it cannot exceed the amount recovered.

When Can Lawyers Charge A Contingency Fee?

Under the Pennsylvania Rules of Professional Conduct, lawyers may not charge a contingency fee in domestic relations or criminal cases. The prohibition in criminal cases comes from the fact that a lawyer cannot take a percentage of an acquittal. Additionally, the courts want to remove the incentive for a lawyer to use underhanded tactics to defend criminal cases.

The prohibition in domestic relations cases is meant to foster negotiation. If a lawyer is paid more for getting more property or alimony, they might be unwilling to negotiate a divorce settlement.

Lawyers are allowed to charge a contingency fee in all other cases. The most common users of contingency fee arrangements are personal injury attorneys. Injury lawyers know that their clients did not plan their accidents, so they might not have the money saved to pay legal fees.

Additionally, accident victims are often under enormous financial strain. They cannot work and may have medical bills to pay. Rather than forcing clients to choose between medical treatment and legal representation, contingency fee lawyers defer their compensation until the claim is resolved.

Hiring A Contingency Fee Lawyer

Contingency fee arrangements require the lawyer to take a risk on your case. As a result, lawyers will not always offer to take cases on a contingency fee. They will carefully review the strength and value of your claim before offering representation. Depending on the case, the lawyer might review your accident report, medical file, and financial records before accepting your case.

Under state rules, contingency fee agreements must be in writing. When a lawyer offers representation, read the agreement carefully and resolve any questions you have.

If you’ve been injured in a personal injury, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963