The Importance of a Written Fee Agreement in Legal Matters

Disclaimer: This article is for informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Todd Nurick and Nurick Law Group are not your attorneys unless and until there is a fully executed written fee agreement with Todd Nurick or Nurick Law Group.

When engaging with a lawyer, one of the most critical steps is to establish a clear and comprehensive written fee agreement. This document is not just a formality; it's a foundational element of the attorney-client relationship. It outlines the scope of legal services to be provided, the fees and expenses for which the client will be responsible, and the terms of payment. A well-drafted fee agreement can prevent misunderstandings and disputes down the road, ensuring that both parties are on the same page from the outset.

In Pennsylvania, the Rules of Professional Conduct for lawyers emphasize the importance of clear communication about fees. While not all fee agreements must be in writing, it is highly recommended. For contingency fee agreements, where the lawyer's fee is a percentage of the recovery, a written agreement is mandatory. For other types of fee arrangements, such as hourly rates or flat fees, a written agreement provides clarity and protection for both the attorney and the client. It serves as a record of the agreed-upon terms and can be a valuable reference if questions or concerns arise later.