Contingent-fee agreements are valid only in civil cases and are frequently used in personal injury cases. Court rules and statutes often regulate these fees in relation to the type of action and amount of recovery. Such an arrangement is generally used when the party seeking recovery cannot afford to retain an attorney and therefore would not have any effective means of prosecuting a claim. No win no fee.

An attorney is not entitled to a contingent fee in the absence of an express contract. Contingent-fee agreements, although intensively scrutinized by the courts, are valid if equitable and reasonable to the client. The purpose of a contingent fee is to reward attorneys for proficiency and diligence in prosecuting disputed and litigated claims, as opposed to rendering minor services that any inexperienced attorney might perform. Joint replacement claims.