Is There a ‘Standard’ Contingent Fee Agreement Used by PA Injury Lawyers?

Contingent Fee Agreements in Pennsylvania Personal Injury Cases

There is no single “standard” contingent fee agreement mandated by Pennsylvania law for personal injury cases — rather, the fee is negotiated between the attorney and client, set forth in a written retainer agreement, and subject to requirements under Pennsylvania’s Rules of Professional Conduct. That said, there are common practices across the industry, and understanding them will help you know what to expect when you hire an Erie injury lawyer.

Pennsylvania’s Rules for Contingent Fee Agreements

Pennsylvania Rule of Professional Conduct 1.5 governs attorney fee arrangements, including contingency fees. For personal injury cases, the rule requires that:

• The contingent fee agreement be in writing, signed by the client
• The agreement clearly state the method by which the fee is to be determined, including the percentage of the recovery that will constitute the fee
• The agreement address whether the percentage changes if the case settles versus goes to trial or appeal
• The agreement explain how litigation expenses will be handled — whether deducted before or after the fee is calculated, and who is responsible for them if there is no recovery

Typical Percentages in Pennsylvania

While there is no fixed “standard,” contingency fees in Pennsylvania personal injury cases commonly range from 33⅓% (one-third) for cases that resolve before trial to higher percentages — often 40% or more — if the case requires trial or appellate work. Some attorneys use a flat percentage for all outcomes; others use a graduated scale. The specific terms depend on the attorney and the nature of the case.

What You Should Discuss Before Signing

Before signing a contingent fee agreement, make sure you understand:

• The exact percentage(s) and when they apply
• Whether expenses are deducted before or after the fee is calculated — this can meaningfully affect your net recovery
• What happens to expenses if the case is lost

The attorneys at Purchase, George & Murphey, P.C. explain every element of our fee agreements clearly before representation begins. Contact us for a free consultation.