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Most consumer protection statutes permit the winning plaintiff to collect his or her attorneys fees and costs from the losing defendant, via a "fee-shifting" provision. As a result, consumers with meritorious cases are able to find competent plaintiff's counsel on a contingent fee basis, even without a large amount in controversy. In a typical contingent fee arrangement, no attorneys fees are due from the client, except out of any recovery. Be wary of paying a large fee retainer up front to an attorney to file a consumer case, because it is not the usual practice.
Most cases also involve litigation "costs", which are not the same as attorney fees. Costs include filing fees, deposition fees, expert fees, and other out-of-pocket expenses that are necessary to move the case along. Generally, consumer attorneys will advance these costs on behalf of the consumer, and recover them from the proceeds at the end of the case. The consumer may be asked to contribute a modest sum at the outset towards costs, and thereby share in the risk of the case.
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