Many prospective clients ask whether a case can be handled on a “pure contingency” basis. That question is understandable. In Florida, personal-injury advertising has conditioned the public to believe that lawyers routinely work for free unless they win. What is far less understood is that this model is highly specific to personal-injury cases and does not translate well—if at all—to most business and commercial disputes.

For many business cases, a more appropriate and fair structure is a partial contingency retainer agreement, sometimes referred to as a true retainer plus a success fee. This article explains what that arrangement is, why it exists, and when it makes sense.

What Is a Partial Contingency Retainer Agreement?

A typical partial contingency structure looks like this:

• A true retainer (for example, $15,000) paid up front
• Plus a percentage of any gross recovery (for example, 25%)

The upfront retainer is a non-refundable minimum fee. It is not tied to the outcome of the case and is earned upon receipt as consideration for the lawyer committing time, resources, and professional judgment to the matter.

The percentage component functions as a success fee—a bonus tied to results.

This structure is fundamentally different from pure contingency.

Why There Is Always a Minimum Fee

There is an old saying in the legal profession: the client needs to know he has a lawyer, and the lawyer needs to know he has a client.

The true retainer serves that purpose.

From the client’s perspective, it ensures that counsel is fully engaged from day one—reviewing documents, investigating facts, developing strategy, and taking early action rather than passively waiting for a payout at the end.

From the lawyer’s perspective, it confirms that the client is committed to the case and understands that serious legal work has real costs.

Litigation is front-loaded. The most important work often occurs in the first 30 to 60 days:
• analyzing contracts and financial records
• identifying legal theories
• assessing leverage and risk
• drafting pleadings
• responding to early motions
• positioning the case for resolution or escalation

A $15,000 true retainer typically represents roughly the first 25–30 hours of professional time necessary to “get the case off the ground.” Each case must, at a minimum, pay for itself at least a little.

How the Success Fee Aligns Interests

The contingency component—the percentage of the recovery—aligns the lawyer’s incentives with the client’s goals.

The lawyer is rewarded for achieving a meaningful result. The client benefits from having counsel financially invested in the outcome. This is not an hourly meter running indefinitely; it is a shared objective.

Importantly, the contingency portion applies to gross proceeds, not net amounts after fees or costs. That clarity avoids disputes later and keeps expectations realistic from the outset.

Where This Structure Works Well

Partial contingency arrangements are particularly well-suited for:

• Business disputes
• Partnership and shareholder disputes
• Business divorces
• Contract disputes without insurance coverage
• Cases involving financially solvent opposing parties
• Matters where leverage, strategy, and timing matter as much as legal theory

These cases often involve real money, real risk, and real resistance from the other side—but no insurance company writing checks by default.

They also tend to resolve through negotiation, mediation, or strategic pressure rather than jury verdicts alone. A hybrid fee structure reflects that reality.

Why This Is Not Personal Injury Law

Personal-injury contingency models exist for specific reasons:

• Liability insurance is usually available
• Medical damages create clear valuation anchors
• High case volume offsets risk
• Loss-shifting statutes and norms are well established

Commercial litigation is different.

There is often no insurer. Liability may be disputed. Damages may be uncertain or contested. Collection risk is real. Cases require intensive front-end analysis and strategic judgment.

Comparing a business dispute to a billboard-advertised car-accident case is like comparing bespoke engineering work to mass-produced consumer goods. The economics are not the same.

Why Pure Contingency Is Often Not Feasible

In non-injury cases, pure contingency requires the lawyer to finance the entire case—sometimes for years—without any guarantee of recovery. That structure is appropriate only in rare circumstances where risk, damages, and collectability are unusually clear.

For most business disputes, a partial contingency strikes the proper balance between access to representation and professional sustainability.

The Bottom Line

A partial contingency retainer agreement is not about shifting all risk to the lawyer. It is about shared commitment.

The client invests enough to secure serious, engaged representation.
The lawyer invests expertise, time, and risk in pursuit of a successful outcome.
Both sides are aligned.

That alignment is often what produces results.

If you are considering litigation and want a candid discussion about whether a partial contingency arrangement is appropriate for your case, that conversation should occur at the very beginning—before assumptions harden and expectations diverge.

Serious legal disputes require thoughtful structures. Fee arrangements are no exception.