How do I check an attorney is licensed?

Every state bar publishes a free member directory showing whether an attorney is admitted, in good standing, and whether there is public discipline history. Check the bar of the state where your claim would be brought. Do not rely on the firm's own website or a directory that accepts paid placement.

What should I ask before signing a contingency agreement?

Whether the fee is calculated on the gross recovery or after case costs are deducted; whether the percentage rises if suit is filed or the case is tried; whether you owe the advanced costs if the case is lost; who decides on large expenses like experts; and what happens to liens. Ask for the answers in the written agreement, not just in conversation.

Is the percentage negotiable?

Often, where no statutory cap applies. It is more realistic on straightforward, high-value claims than on ones needing heavy investment. But the calculation order — fee before or after costs — frequently affects your net recovery more than a percentage point on the headline rate, and is worth negotiating first.

Does a free consultation mean anything?

It is standard in contingency practice and tells you very little on its own. It is an opportunity for the firm to assess your case and for you to assess them. Treat it as your interview of them, and bring the questions on this page.

What if I want to change attorney later?

You can generally discharge your attorney, but the former attorney may assert a lien against any eventual recovery for the work already done, often assessed on a quantum meruit basis. In practice the two firms usually resolve the split out of the single fee. Check the termination terms before signing.

Do the rules vary by state?

Yes, substantially. Contingency fees are regulated by state professional-conduct rules based on, but not identical to, ABA Model Rule 1.5. Some states cap fees in specific case types — medical malpractice in particular. Check the rules of the state where the claim would be brought.

How to Choose a Contingency Fee Attorney

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.

Contingency agreement terms to compare
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

You May Also Be Interested In

Contingency Fee Agreements

What the written agreement should contain

Attorney Fees vs Case Costs

The distinction behind the biggest term

Liens and Deductions

Why the net differs from the headline

Choosing a UK solicitor

The equivalent questions in England and Wales

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.