Attorney fees on contingency but Litigation we are responsible for

[Pupdog]

What is normal setup or is it alright to have client responsible for litigation fees? ( lists out possible items- no $$ amount ). If we win, it comes out of that money, but if we lose or don't pursue for various reasons then we are responsible. Attorney fee's are on contingency.

We are not sure about having it stated that we are responsible. Attorney says its so we don't go crazy with his time (at no cost) and that he does not pass on litigation chages is we find out later that its not a good case etc.

Can anyone advise if this is common practice and/or have they heard of this setup before?

Thank you

 

[dee_dub]

I've heard of the setup, but not the particular twist where he doesn't actually charge you for the litigation fees he sets out in his retainer. That's awfully nice of him. 'Though I'm curious how the fees are supposed to discourage you from pursuing a frivolous case if you know he never charges them... He doesn't charge them ever? Or only not in certain circumstances? Why doesn't he just write a stipulation into the retainer that he can drop the case if he's of the opinion it is not worth pursuing?

Anyways, I'd get it in writing that he's not going to charge you litigation fees in whatever circumstances he's told you he's not going to charge them.