HOW WE ARE PAID

One of the first questions many prospective clients ask us is, “How much do you charge?” Personal injury is an area of the law where all people have equal access to justice. The reason for this is the contingent fee agreement.

When clients retain Marks & Harrison, the amount they are charged will ordinarily be a percentage of the total amount of any recovery in their claim, whether that is by settlement, jury verdict, or some other alternative dispute resolution procedure.

American courts have long recognized that without contingent fees most citizens when injured lack the means to hire quality legal representation. People desperately in need of being compensated for their injuries usually have no recourse against those who have harmed them if they have to pay lawyers by the hour. With a contingent fee there is no attorney’s fee charged unless the attorney is successful. The attorney’s fee, however, is distinguished from litigation expenses which ordinarily remain an obligation of the client. At Marks & Harrison our Firm routinely advances litigation expenses while the case is pending and those expenses are deducted from the client’s recovery at the conclusion of the case.

There are other methods by which personal injury attorneys can be retained to represent injured people but at Marks & Harrison we feel the advantages of the contingent fee agreement are numerous. The greatest advantage to the client is the absence of any risk of owing the attorney a fee if the case is not successful. People who have been harmed who retain attorneys on a contingent basis are able to retain attorneys who are qualified to stand toe to toe with the attorneys retained by the insurance companies to represent those who caused the harm.

At Marks & Harrison, our interests are joined with yours - unlike attorneys who work on an hourly basis. Contingent fee agreements provide motivation to the attorney to do his best possible job for the client. When attorneys are paid on an hourly basis there is no incentive for the attorney to be efficient, effective, and work hard. The incentive is simply to work long. At Marks & Harrison, almost all cases are handled on a contingent fee basis. The percentage charged will be discussed with you at the time you contact our Firm and will depend upon the complexity of the matter and other factors which will be reviewed with you at the outset of the representation. Many litigation law firms expect to be compensated even if there's no recovery of money. Because we are confident in the cases we handle, we share in the risk of no recovery and work as a full partner on the case. We would have it no other way.

Workers’ compensation and social security disability attorney’s fees are generally controlled by the Virginia Workers’ Compensation Commission and the Social Security Administration. We welcome your questions regarding personal injury attorney’s fees. We think it is important that there be an open and frank discussion about attorney’s fees before representation is undertaken and it is important that the client understand fully how they will be charged.