New Jersey: How Contingency Fees Work, Tier by Tier

A real, hard-capped sliding scale — four tiers of $750,000 each, with the percentage dropping as the recovery grows.

The core promise: no recovery, no fee

A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case.

The four tiers, exactly

Rule 1:21-7(c) sets out the maximum contingent fee as: 33⅓% on the first $750,000 recovered; 30% on the next $750,000; 25% on the next $750,000; 20% on the next $750,000; and a reasonable fee, subject to court approval, on anything beyond $3,000,000 total.

Each tier applies only to its own slice

The percentage for each tier applies only to the portion of the recovery that falls within that tier — not to the entire settlement at whatever the highest rate reached happens to be. That means the effective overall percentage drops as the total recovery climbs past $750,000: a $1.5 million recovery is charged 33⅓% on the first $750,000 and 30% on the next $750,000, working out to an effective rate below 32% overall, not a flat 30%.

A special rule for a minor's pre-trial settlement

Where the client was a minor or mentally incapacitated when the fee arrangement was made, the standard tiers still apply as the general ceiling — except that the fee on any amount recovered by settlement before trial is capped at 25%, regardless of what the tier structure would otherwise allow.

A ceiling, not a floor

Rule 1:21-7 fixes maximum permissible fees; it doesn't require an attorney to charge the maximum, and nothing stops an attorney from agreeing to a lower contingent fee. Whatever rate is charged must still satisfy the general reasonableness standard of RPC 1.5(a).

How contingency fees work — frequently asked questions

What does "contingency" actually mean in a New Jersey fee agreement?

It means the attorney's fee is contingent on winning or settling the case. If there's no recovery, the client generally owes no attorney fee at all.

What are the exact tiers under Rule 1:21-7(c)?

33 1/3% on the first $750,000 recovered, 30% on the next $750,000, 25% on the next $750,000, 20% on the next $750,000, and a court-approved reasonable fee on any amount above $3,000,000 total.

Does the fee percentage apply to the whole settlement at the highest tier reached?

No. Each tier's percentage applies only to the portion of the recovery within that tier, so the effective overall rate drops as the total recovery grows past $750,000.

What happens to the fee if the client is a minor and the case settles before trial?

The fee on any amount recovered by pre-trial settlement is capped at 25%, regardless of what the standard tiers would otherwise allow at that recovery size.

Can New Jersey attorneys charge less than the rule's maximum?

Yes. Rule 1:21-7 sets maximum permissible fees; it doesn't stop an attorney from agreeing to a lower contingent fee, and any fee charged must still meet the general reasonableness standard of RPC 1.5(a).

This page provides general guidance only and is not legal advice. Figures are based on New Jersey Court Rule 1:21-7(c), verified per our methodology. Confirm your actual fee agreement with a licensed New Jersey attorney before acting.