can Pro Bono Attorney(s) collect a percentage of judgment or settlement for themselves if they win the case that they had agreed to litigate for free?
Answer
The terms of the fee agreement trump the label "pro bono." If the agreement says "contingency," the client knew that when he or see signed, and the fee is reasonable, then the attorney is in all likelihood entitled to the contingency fee.
Answer
I agree with Mr. Perry. There is a huge difference between the term "pro bono" and contingency fee attorney. Many people erroneously believe that a contingency fee attorney, who gets paid out of a settlement or judgment, is a free attorney.
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Of course, otherwise why would they take the case. That assumes there was a retainer agreement in writing, as required, with those terms in it. An attorney could theoretically agree to take no fees of any kind, but that would be spelled out in the agreement.
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The terms of your contract with the attorney spell out whether, when, and how she is to be paid. If it's really a pro bono contract, it should say she won't be paid. Otherwise, the attorney isn't working pro bono.
If the attorney really did agree to represent you for free, then she isn't entitled to a share of the proceeds. That probably isn't what happened, but it might be.
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