Contingency fee agreements usually state that the attorney will receive a higher percentage if the case is appealed after trial. In a reported decision, a D.C. jury awarded an accident victim $1 million. The defendant appealed and then the parties entered into a post-judgment settlement. The issue was whether the attorney was entitled to a higher contingency fee, because an appeal had been filed. The D.C. Arbitration Board found that the attorney was not entitled to a higher percentgage contingency fee, because the appeal had been voluntarily dismissed pursuant to the post-judgment settlement.
