Do I need to have a written agreement with my attorney?

ANSWER: Yes, for your own benefit so that you know what the relationship is between you and your attorney. In turn, most states' ethical rules require attorneys representing clients on a contingent fee basis to enter into a written agreement for that reason. Be sure to read the attorney/client contract before you sign it and ask any questions so that you understand this arrangement. Most plaintiffs' attorneys have a standard form contract that meets state ethical requirements and varies little from case to case. However, if you have any concerns, never sign a contract when presented but have it reviewed by someone you trust including another attorney if you so choose. Two areas of particular note are the attorney fee percentages and how costs are handled. While attorney fees can and do vary by a few percentage points between firms, you should never pick an attorney solely on the basis of who has the lowest contingent fee. Remember, the other and greater factor in the equation which determines the amount of your compensation is how much the attorney recovers for you. You will be many dollars ahead with a firm that recovers more money, even if you have to pay a slightly higher contingent fee. When you hire a law firm you are paying for their reputation as well as their efforts on your behalf. The insurance companies know well the lawyers who make claims against them, as do the defense counsel they hire. If the insurance company or defense counsel knows that your law firm will try your case then they will treat it differently than those handled by attorneys who never take their cases to trial. The threat of litigation is the great equalizing factor that forces fair settlements, but the threat must be real. Beware of those attorneys who advertise heavily, work on a volume of cases and routinely drop clients if they cannot settle their cases quickly and usually cheaply.