{"id":357953,"date":"2016-04-04T10:46:17","date_gmt":"2016-04-04T15:46:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/attorney-fees-and-agreements\/representation-agreement-your-attorney-and-you.html"},"modified":"2026-02-04T16:15:46","modified_gmt":"2026-02-04T21:15:46","slug":"representation-agreement-your-attorney-and-you","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/attorney-fees-and-agreements\/representation-agreement-your-attorney-and-you.html","title":{"rendered":"Representation Agreement: Your Attorney and You"},"content":{"rendered":"\n
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Representation Agreement: Your Attorney and You<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa McCall, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A written fee agreement spells out your legal issue, the nature of the legal representation the attorney will provide, the hourly rate or fixed fee, and any extra fees or costs. Having an agreement can set expectations for both people. It can also help resolve a dispute between you and your lawyer.<\/p>\n\n <\/div>\n\n\n\n

No matter how well you know your attorney or how simple you think your case is, you should always have a written representation agreement (sometimes called a fee agreement) with your lawyer. This contract outlines the terms of the\u00a0attorney-client relationship<\/a>\u00a0and the fees and compensation you owe.<\/p>\n

Below, you’ll learn why it’s a good idea to have a formal agreement with your lawyer. You can also read more about what these agreements include. When you’re ready to retain a lawyer, use FindLaw’s attorney directory<\/a> to start comparing your options.\u00a0<\/p>\n

Reasons To Have a Written Representation Agreement<\/h2>\n

Under\u00a0American Bar Association<\/a>\u00a0(ABA) rules, only contingency fee cases must be in writing. But, experienced attorneys and smart clients will put all legal fee agreements in writing.<\/p>\n

Having a written agreement with your attorney holds everyone accountable. Legal problems between lawyers and clients are usually about money. There are disputes over the lawyer’s fees or what is due to the client. A written contract avoids these disputes by letting the parties review the contract and find the source of the disagreement.<\/p>\n

Other reasons for a written fee agreement include communication and control over the case. The client has the final say over how the case proceeds. If a client wants notification of specific events or other details, they can put it into the agreement.<\/p>\n

Finally, putting the agreement in writing forces client and attorney to be very clear about what they expect. Oral representation agreements may be subject to multiple interpretations. But, a written representation agreement makes attorney and client aware of the terms and scope of the contract.<\/p>\n

Types of Representation Agreements<\/h2>\n

Different kinds of cases may need different types of representation arrangements. An experienced lawyer may use each type depending on the nature of the claim.<\/p>\n

There are also different types of fee arrangements<\/a>. Generally, attorneys will work on an hourly, fixed, or contingency-fee basis. Putting the terms of payment in place is essential.<\/p>\n

Hourly Fee<\/h3>\n

Hourly fees<\/a>\u00a0are the most common pay structure used by attorneys. You should ask how the attorney bills and whether they charge in 6-minute or 15-minute increments. In larger firms, where associates or paralegals will do most of the paperwork, the firm should have different billing rates for these workers. Ask if the attorney bills for things like phone calls or emails.<\/p>\n

An hourly fee arrangement should state how often you will get billed and how much detail the bill will include. Your agreement should include a deadline for disputing certain items<\/a>.<\/p>\n

Fixed Fee<\/h3>\n

In a fixed fee or flat fee structure, an attorney charges a set amount for a specific type of case. Attorneys who specialize in one type of case often use fixed fees. For example, attorneys who handle DUIs or landlord\/tenant cases frequently charge flat fees. The representation agreement should include terms that do not allow the attorney to charge more than the agreed-upon amount for this arrangement.<\/p>\n

Fixed fee agreements should have clauses stating they may go to hourly agreements if the case goes to litigation<\/a> or lasts a certain amount of time.<\/p>\n

Contingency Fee<\/h3>\n

Contingency fee<\/a>\u00a0agreements are common in personal injury cases. The attorney agrees to take the case in exchange for a percentage of the award or settlement<\/a>. The attorney’s fees get taken from the final settlement figure. Some areas of law, such as divorce cases, criminal matters, and most family law cases<\/a>, cannot be taken on a contingency basis.<\/p>\n

According to the ABA Rules of Professional Conduct, a contingency fee representation agreement must be in writing. The agreement must include the percentage of the award or settlement the attorney will receive. Contingency fee percentages range from 20% to 40% of the settlement. Some attorneys change their rate depending on whether the case settles or goes to trial.<\/p>\n

Retainer Agreements<\/h3>\n

There are two ways of having a lawyer “on retainer.” In the first type, a business or person pays a regular attorney fee, so the attorney will be available when needed. This is useful for small businesses<\/a> that need legal work but don’t have the staff or budget for a full-time house attorney.<\/p>\n

When a client signs a\u00a0retainer agreement<\/a>, they pay a large sum up front, and the attorney deducts the costs of legal services from that amount until it is gone. If the retainer gets depleted before the case gets resolved, the attorney may bill the client for another retainer fee or continue billing at an agreed-upon hourly rate. A retainer agreement is useful when hiring a new lawyer or for legal matters that will take time to resolve, such as real estate or probate<\/a>.<\/p>\n

What To Include in Your Representation Agreement<\/h2>\n

Your representation agreement should include the attorney’s fees, court fees, and how and when you will pay.<\/p>\n

Costs and Fees<\/h3>\n

Your representation agreement should also include clauses covering certain costs and fees associated with your case.<\/p>\n

Typical costs and fees<\/a> associated with a case may include:<\/p>\n