Does Georgia require my contingency fee agreement to be in writing?

· 2 min read

Yes. Under the Georgia Rules of Professional Conduct, a contingency fee must be set out in a writing signed by the client. The writing requirement exists so the client knows, before the work begins, how the fee is calculated and what will be deducted from any recovery.

What the writing rule requires

Rule 1.5 of the Georgia Rules of Professional Conduct governs lawyer fees and addresses contingency arrangements specifically. A contingency fee must be stated in a writing the client signs, and that writing must make the financial terms clear, including:

  • The percentage or percentages the lawyer will receive, and whether the rate changes depending on the stage of the case.
  • How case expenses are handled and whether they are deducted before or after the fee is calculated.
  • That the client is liable for certain expenses, as the agreement provides, regardless of outcome where the agreement so states.

The point is transparency: the client should be able to read the document and understand how a settlement turns into a net check.

A written statement at the end, too

Rule 1.5 also looks at the conclusion of the matter. When a contingency case ends, the lawyer is to provide the client a written statement showing the outcome and, if there is a recovery, how it was distributed, the amount paid to the client, the fee, and the deductions. This closing statement lets the client verify that the recovery was divided according to the agreement, line by line.

Why the writing protects the client

A written fee agreement does more than satisfy a rule. It fixes the terms so they cannot drift, gives the client a reference point if a dispute arises, and supplies the document a court would examine if the fee were ever challenged for reasonableness. An oral understanding of a contingency fee is both contrary to the rule and far harder to enforce or verify. The writing is the client’s best protection against surprises about the fee and the deductions.

The bottom line

Georgia requires a contingency fee agreement to be in a writing the client signs under Rule 1.5, and it also calls for a written statement of the outcome and distribution when the case ends. Because that document defines the percentage, the expense handling, and the client’s net, reviewing it carefully before signing is the way to know exactly what the representation will cost.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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