02

A percentage is not the whole cost picture

In a contingent arrangement, the lawyer’s fee may be tied to a recovery. Litigation and other expenses are a separate subject. The signed agreement should explain both and identify expenses for which the client may be responsible.

Contingency fee
The lawyer’s fee is tied to a recovery under the written agreement. Expenses are a separate subject.
03

Order of calculation can matter

Ask the firm to demonstrate, with a hypothetical amount, whether expenses are deducted before or after the fee is calculated. Also ask how liens or other payment obligations would be shown in a closing statement.

04

The written agreement controls

Do not rely on an advertisement or a general explanation. Fee rules and agreement requirements can vary by jurisdiction, and a firm’s terms may vary by matter and stage.

05

Questions to put in writing

Ask about the percentage at each stage, responsibility for expenses if there is no recovery, approval of major expenses, termination terms, referral or co-counsel arrangements, and the final accounting you would receive.