Before you arrange a contingency fee agreement with a lawyer, you should read this Statement of your rights as a client. This Statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights.

1. There is no legal requirement that a lawyer charge a client a set fee or percentage of money recovered in a case. You have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer, you may talk with other lawyers.

2. (a) For your protection any contingency fee contract should be in writing. Although North Carolina law does not require it, our firm will allow you three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify us in writing within three (3) business days of signing the contract. If you withdraw from the contract within the first three (3) days, you will not owe us a fee, although you may be responsible for our actual costs during that time. You may also terminate the contract at any time after the three (3) business days, but if you do so, you may be responsible for the reasonable value of the legal services rendered as of the date of termination.
(b) If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Your lawyer may need court approval before withdrawing from a case, if suit has been filed. If you discharge your lawyer without good cause, you may have to pay a fee for the work the lawyer has done.

3. Before hiring a lawyer, you have the right to know about the lawyer's education, training and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge, and give you this information in writing if you request it.

4. Before signing a contingency fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingency fee contract.

5. Your lawyer should tell you at the beginning if he or she intends to refer your case to another lawyer, or counsel with other lawyers. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the new lawyers. You also have the right to consult with each lawyer working on your case, and each lawyer is legally responsible to represent your interests. Your lawyer cannot refer your case to another lawyer or counsel with other lawyers without your consent.

6. You have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.

7. You have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs, and liability you might have for attorneys' fees for the other side.

8. You have a right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee. Until you approve the closing statement, you need not pay any money to anyone, including your lawyer. You also have the right to have every law firm working on your case sign the closing statement.

9. You have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer's ability.

10. You have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.

11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The North Carolina State Bar, the agency that oversees the practice and behavior of all lawyers in North Carolina. For information on how to reach The North Carolina State Bar, call 919-828-4620, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may hire another lawyer to help you resolve this disagreement.

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Lewis & Daggett Attorneys at Law, PA, publishes this web site as a service to our clients and friends for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel. These materials may be considered advertising in your state.

The information provided at the web site is not privileged and does not create an attorney-client relationship with Lewis & Daggett Attorneys at Law, PA, or any of the firm1s lawyers.

Lewis & Daggett Attorneys at Law, PA, has its principle office in Winston-Salem, North Carolina. Its attorneys are licensed to practice law only in North Carolina and not in any other jurisdictions. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.