Contingent Fees Contingent Fees In certain types of lawsuits?such as personal injury, collections and auto damages?the lawyer who represents the person suing may agree to accept a part of the money the client recovers as the fee for services. Such an arrangement is called a contingent fee. Under the lawyer's ethics rules, the lawyer and client must enter into a written fee agreement at the outset of the representation, stating what portion of the recovery the lawyer will receive. The fee is generally fixed at a percentage of the recovery. An additional percentage may be added if the matter is tried again or appealed to a higher court. In a contingency fee contract, you and your lawyer agree that the lawyer will not get paid any fees unless you win your case.