A contingency lawyer is a lawyer who agrees to be hired by a client on a contingency fee basis. In a contingency fee arrangement, the lawyer is paid a percentage of the total amount of money that they win for their client. This amount might be the result of settlement negotiations and a settlement agreement between their client and the entity they sue for damages. Or it might be the result of an award of damages after a trial.
The main attraction of hiring a lawyer on a contingency fee basis is the fact that a client does not have to pay their contingency lawyer in Texas anything at all unless the lawyer wins money for their client. If the lawyer does win a money settlement or judgment for their client, the lawyer then takes a percentage of the total amount won.
If the attorney is not successful, the costs of prosecuting the case would still have to be paid, but the lawyer would not earn any fee to compensate them for the time and effort they devoted to the case.
Whether the costs of prosecuting the case would be borne by the attorney or the client would be an issue on which they would need to agree.
The Texas Disciplinary Rules of Professional Conduct, which are rules that licensed attorneys must obey, impose certain limits on what kind of cases Texas lawyers can take on a contingency fee basis. A legal consultation in Texas would give an individual more information about contingency fees in that state.
Furthermore, Texas law places limits on the value of contingency fees. While Texas law does not impose a limit on contingency fees in all kinds of cases, it does impose limits in some, such as medical malpractice cases and cases that seek damages from a government entity.
If you are wondering, “Where can I find contingency lawyers near me?,” LegalMatch can help connect you with lawyers in your area.
What Do Texas Employment Lawyers Do?
Texas employment lawyers may advise employers and/or employees. They may advise employers about Texas employment laws and how to comply with them in their policies and practices. They could help Texas employers draft important employment contracts and formulate good recruitment practices that comply with state and federal law.
Texas lawyers can also advise employees and former employees about their rights. If an employee has been fired, a Texas lawyer can advise them as to whether the firing gives them cause to file a complaint and how to proceed if they have a case.
They can also advise a prospective employee about an employment contract that their prospective employer wants them to sign.
What Are the Common Types of Employment Cases Handled on a No Win No Fee Basis?
The type of case that most lawyers would handle on a no win, no fee basis would be a case for wrongful termination. This would be a type of personal injury case. Unfortunately, Texas law does not allow suits for wrongful termination in most cases in which a person is summarily fired from their job.
Texas law considers most employment to be at-will. This means that either the employer or the employee may end the employment relationship at any time. They do not need to have any reason or justification. They do not have to give notice, although it is customary in most industries to do so.
There are exceptions in Texas. If an employee’s employment is terminated because they refused to perform an act that violates a criminal law and that would constitute a criminal offense, they may claim wrongful termination.
Another exception to at-will employment is a situation in which the employer’s policies and procedures manual or employment handbook states that employment is not at-will, but rather that an employee would be fired only if there was good cause, such as incompetence or excessive unexcused absences.
If an employer’s policy is to fire employees only for good cause, then if they fire an employee without justification, they might be sued for wrongful termination.
Another exception allows an employee whose employment was terminated because the employer did not want to contribute or pay benefits pursuant to the employer’s pension fund to sue for wrongful termination.
In addition, it is wrongful termination if an employer fires an employee in retaliation for reporting violations of the Commission on Human Rights Act (CHRA).
The Texas Commission on Human Rights is the state agency that enforces the CHRA and handles complaints of discrimination in employment either filed with the Commission or referred to the Commission by the United States Equal Employment Opportunity Commission. So, an employee who is fired for reporting discrimination in employment by their employer could sue for wrongful termination.
These are the few situations in which an employee might sue for wrongful termination in Texas.
How Much Does an Employment Lawyer Cost?
How much an employment lawyer costs depends on a number of factors. Employment lawyer cost partly depends on how the lawyer charges their client. They might charge a contingency fee and get paid only if they win an award of money damages for their client.
But the kind of cases in which this is possible in Texas is limited. A lawyer might charge a client an hourly fee for representing them in a breach of contract case or for drafting an employment contract. This would mean that the lawyer charges a fee, e.g., $150, for every hour they work on a case. The client does not know how much they would owe in total.
In some cases, a lawyer might charge a flat fee. This would be a one-time charge of a certain amount of money to complete a task. For example, a lawyer might charge $3,000 to draft an employment contract. The client knows at the beginning what the total cost of the lawyer’s services will be.
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What Are the Benefits of Hiring a No Win, No Fee Employment Lawyer?
The main benefit of hiring no win, no fee employment lawyers is the fact that if the client’s case is not successful and does not recover an award of money damages, they do not have to pay the lawyer for their representation.
What Are the Risks and Considerations of No Win No Fee Arrangements?
The major risk is that if the lawyer wins an award of money damages for their client, after the lawyer deducts their percentage as compensation for their services, the client may feel that the amount that remains is not adequate compensation for the harm done to them.
This is something that a client might wish to discuss in detail with their lawyer before they hire them. They may want the lawyer to estimate realistically how much they might recover if their case is successful and then how much the client would take home after costs and the lawyer’s contingency fee are deducted.
A lawyer might be happy to have this discussion as they would want their client to have realistic expectations and not to experience disappointment after fees and costs have been deducted from the damages paid when the case has been successful.
Are There Any Other Types of Employment Lawyer Fee Arrangements?
An employee may have an employment contract. If they do and it specifies when the employee may be fired and what conduct on the part of the employee would justify that, they might be able to sue their employer for breach of contract if they are fired in violation of the terms of their contract.
In a case such as this, the lawyer who represents the employee in their breach of contract case would probably charge an hourly fee. As noted above, some lawyers may charge a flat fee in certain cases where they can safely predict the amount of time and effort that completion of the task for the client would require.
How Do I Choose a No-Win, No-Fee Lawyer?
First, an individual would identify 2 or 3 lawyers who handle employment law cases, including wrongful termination cases. They could obtain referrals from LegalMatch.com, from friends, relatives or colleagues, from lawyers they know or from lawyer referral services, such as the Lawyer Referral and Information Service of the State Bar of Texas. This service offers help in finding a lawyer to the citizens of Texas.
They would then interview the lawyers. They would want to ask if they would take the case on a contingency fee basis. They would also ask them about their experience with wrongful termination cases and how they would proceed if they represented the individual in their case.
In the final analysis, the client would want to hire the lawyer in whom they would have the most confidence, the one they think would best represent them.
What Happens if I Lose a No-Win, No-Fee Case?
If an individual and their lawyer do not win their no-win, no-fee case, then the individual does not win any award of money damages and the lawyer does not collect any fee for their services.
Do I Need To Hire a Texas No-Win, No-Fee Employment Lawyer?
If you have been fired, discriminated against or harassed when at work, you want to consult a Texas employment lawyer. LegalMatch.com can connect you to a lawyer who can review the facts with you and advise you on how to proceed to get the remedy you deserve.
