How to Choose a Contingency Fee Attorney
Verify the attorney on the state bar directory, then compare the terms that decide your net recovery — above all whether the fee is calculated before or after case costs are deducted. Two firms quoting “one third” can leave you with materially different amounts from the same settlement.
Read this first. This site is published by Edward & Amaury Solicitors, a firm of solicitors in England and Wales. They do not practise in the United States and cannot represent you here — but they are a law firm, so we have an interest in this subject generally.
This guide therefore names no firms and recommends none. It explains how to check and compare, and links only to state bar directories and the ABA, which pay us nothing. This page has also not been through US legal review — see who writes and checks this site.
Step 1 — Verify licensure
Direct Answer: Check the attorney on the state bar directory for the state where your claim would be brought. Bar directories are free, official, and show admission status, standing and public discipline history. A paid-placement directory tells you who advertises, not who is in good standing.
The ABA — Find Legal Help directory links through to each state’s bar and to lawyer referral services, which are run by bar associations rather than by commercial lead brokers.
Step 2 — The term that matters most
Whether the contingency percentage is applied to the gross recovery or to the net after case costs are deducted. Both are used, both are lawful, and the difference is real money on every settlement. On a $100,000 settlement with $10,000 of costs and a one-third fee, the gap is over $3,000. Worked through in liens and deductions.
| Term | What to ask |
|---|---|
| Calculation order | Is the fee taken on the gross recovery, or after costs? |
| Tiered percentages | Does the rate rise if suit is filed, at trial, or on appeal? At which exact stage? |
| Costs on a loss | If we lose, do I repay the costs you advanced? Is that in writing? |
| Expense authority | Who decides to incur a large expense, and is my consent needed? |
| Liens | How will medical liens and reimbursement claims be handled and reduced? |
| Who handles the case | Will the attorney I am meeting run the file, or will it be referred or reassigned? |
Step 3 — Watch for these
- Guaranteed outcomes or case values. No one can promise either, and professional conduct rules constrain what may be claimed.
- Pressure to sign at the first meeting. You are entitled to read the agreement and to take it away.
- Vagueness on costs. If the answer on who bears advanced costs after a loss is evasive, treat that as the answer.
- Unclear referral arrangements. Ask directly whether your case will be referred to another firm and how the fee is divided.
- Only an oral agreement. Many states require contingency agreements to be in writing and signed. Get the document.
Frequently Asked Questions
Frequently Asked Questions
How do I check an attorney is licensed?
What should I ask before signing a contingency agreement?
Is the percentage negotiable?
Does a free consultation mean anything?
What if I want to change attorney later?
Do the rules vary by state?
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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 5 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
- Federal Rule of Civil Procedure 68 (offer of judgment)
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 5 August 2026. Next review due 5 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.