ServiCover📌 Key Takeaway: Every state requires contingency fee agreements to be in writing — before signing, confirm it explicitly addresses the fee percentage at each stage, cost calculation method, and what happens in various scenarios.
Essential Questions
- What's the percentage at each stage? — pre-litigation, post-litigation, trial, and appeal should each be spelled out separately.
- Gross or net calculation? — confirm whether the fee is calculated before or after case costs are deducted.
- Who pays costs if the case is unsuccessful? — the attorney or the client.
- What happens if I want to change attorneys? — a quantum meruit claim on prior work performed is common.
- What if I reject a settlement offer the attorney considers fair? — some attorneys can withdraw from representation in this scenario.
- Who has final settlement authority? — you always retain the right to accept or reject any offer; the attorney cannot settle without your explicit consent.
- Are multiple attorneys involved? — fee-sharing arrangements in referral situations must be disclosed upfront.
Why These Details Matter More Than They Seem
Two attorneys quoting the same headline percentage can produce meaningfully different outcomes depending on how these underlying details are structured — the percentage alone doesn't tell the full story of what you'll actually take home.
Frequently Asked Questions
Should I get quotes from multiple attorneys before choosing?
Most personal injury attorneys offer free initial consultations, making it low-risk to discuss your case with a few before committing — worth doing specifically to compare not just the percentage but the full agreement structure.
Is it normal for an attorney to decline my case?
Yes — since attorneys are only paid if they win, many are selective about which cases they take on, generally declining cases they assess as having limited recovery potential relative to the required investment of time and resources.