What is required for a contingent fee agreement to be valid?

A valid contingent fee agreement must include a written agreement specifying all terms. This requirement is in place to ensure clarity and to protect both the client and the attorney. A written document outlines the fee arrangement, the conditions under which the fee will be paid, and the percentage the attorney will receive if the case is successful.

The need for a written agreement helps prevent misunderstandings and disputes about the terms of the agreement later on. It also serves to inform the client about their obligations and the financial implications of the legal services being provided. The clarity provided by a written agreement ensures that both parties have a mutual understanding of the fee structure and conditions.

Oral agreements, simple emails, or vague general statements do not provide sufficient documentation or clarity about the fee arrangement and can lead to confusion and potential ethical issues. Therefore, a written agreement with specific terms is essential for a contingent fee agreement to be considered valid under the ABA Model Rules of Professional Conduct.