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Win or lose, however, a plaintiff will be responsible for the other expenses, and the cost of bringing the claim to court will come out of his or her pocket. When someone agrees to pay a lawyer on contingency, the fee is set at a prearranged percentage of whatever the awarded amount might be.
Print Version. Both lawyers and paralegals may accept a contingency fee in certain circumstances (rule 3.6-2 and commentary of the lawyers' Rules of Professional Conduct (lawyersâ Rules), and subrules 5.01(7) through (9) of the Paralegal Rules of Conduct (Paralegal Rules).o determine the appropriate percentage or other basis of the contingency fee, you should consider a number of factors, including. 1  the likelihood of success. 2  the nature and complexity of the claim. 3  the expense and risk of pursuing the claim. 4  the amount of the expected recovery.