Contingency fee
Updated 2026-09-29
A contingency fee is a payment arrangement where a lawyer’s fee depends on the outcome of a case, often a percentage of any amount recovered. It is related to the idea of ‘no win no fee’.
Under the rules governing Malaysian lawyers, agreements that make a fee for contentious litigation conditional on the outcome are generally restricted. Lawyers instead usually charge based on the work involved, agreed with the client in advance.
Fee structures can still vary between lawyers and cases, covering matters like the complexity of the claim, the court involved, and the work expected. Asking for this to be set out clearly before instructing a lawyer avoids confusion later.
When it matters
Understanding how a fee is actually structured matters more than any label attached to it, especially before signing an engagement letter.
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