In which situation are contingent fees prohibited?

Contingent fees are arrangements where an attorney's fee is dependent on the outcome of a case, typically structured as a percentage of the recovered amount. These fees are often used in personal injury cases and other civil litigation scenarios, as they allow clients to access legal representation without upfront costs. However, ethical guidelines and rules of professional conduct delineate scenarios where contingent fees are not allowed.

In criminal defense cases, it is prohibited for attorneys to charge contingent fees. This rule exists to prevent conflicts of interest and to ensure that the defense maintains an unwavering commitment to the client’s best interests. If the attorney’s payment were to depend on the outcome, it might compromise their duty to vigorously defend the accused, as the focus could shift towards financial gain rather than justice and advocacy for the client.

This ethical standard ensures that defendants in criminal cases are provided with a defense that is not influenced by potential financial outcomes, emphasizing the principle of fair representation in the justice system.