Both. When representing a plaintiff, we generally enter a contingent-fee agreement, which means that our client does not owe any money for attorney fees up-front or during the course of the litigation, and we advance all case costs and expenses as they arise. Our fee will be paid as a percentage of the recovery we obtain for the client. Case costs and expenses, such as filing fees and deposition transcripts, are ultimately the client’s responsibility and will be reimbursed from the recovery obtained for the client.
When representing a defendant, we generally enter an engagement agreement, which sets forth the terms and conditions and scope of our representation of the client, including an hourly fee for all legal services provided.
In many instances, however, we share risk with our clients by agreeing to an alternative fee agreement, including flat-fee arrangements.