A written explanation is required for contingent fee agreements.

Outline (quick skeleton)

• Hook: The fair deal behind contingent fees—why nothing should be left to memory.

• Core rule in plain terms: A written explanation is the must-have for contingent fee agreements.

• Why it matters: protects clients, reduces disputes, builds trust.

• What the written note should cover: scope of services, how fees are calculated, costs, and what happens if the case ends early or is won/lost.

• Common pitfalls: verbal explanations and handshakes aren’t enough in this area.

• Practical takeaways: how to spot the essential elements, and how this helps both sides.

• Warm wrap-up: ethics, clarity, and the human side of legal work.

What must always be provided for contingent fee agreements? A written explanation—and here’s why that matters, in blunt but helpful terms.

Let’s set the scene. You hire a lawyer because you’re facing a moment that matters. The fee is the unglamorous part that can quietly shape decisions, hopes, and peace of mind. When a fee is contingent—meaning the lawyer gets paid only if you win or reach a specific outcome—the stakes go up. It’s not just about dollars and cents; it’s about transparency, fairness, and a mutual understanding that lasts longer than a single conversation.

The core rule, stated simply, is that contingent fee agreements should come with a written explanation. In other words, a written note that lays out the terms clearly. This isn’t a fancy extra; it’s a safeguard for both you and your attorney. Verbal assurances are easy to forget, misinterpret, or dispute later. A written explanation provides a concrete, verifiable record of what you’ve agreed to, and that’s incredibly valuable in moments of stress or disagreement.

Why does a written explanation matter so much? Think of it this way: when outcomes ride on the line, both sides deserve a precise map of the journey. Clients need to know what they’re paying for, how the fee is calculated, and who covers which costs. Lawyers want a clear scope of representation and a roadmap that minimizes misunderstandings. A written explanation helps ensure everyone is on the same page from the start.

Here’s what typically belongs in that written explanation

• The scope of services: What the lawyer will do and what falls outside the agreement. You want to know, for example, whether court appearances, negotiations, research, or filings are included and under what conditions extra work might be needed.

• The fee basis and calculation: If the fee is contingent, the note should spell out how the fee is determined—what percentage, what milestones trigger different rates, and how the fee is calculated at the end. It should be precise about when the fee is earned (for example, upon settlement or judgment) and how any reductions or offsets are handled.

• Costs and expenses: What expenses will you be responsible for? This can include court fees, expert fees, copying, and travel. It’s common for clients to be responsible for costs regardless of outcome, but the written explanation should specify this and explain how these costs are charged or reimbursed.

• Settlement and termination provisions: What happens if the case settles early, or if the client decides to terminate the representation? The document should address whether fees are paid on a pro-rated basis, what portion, if any, is non-refundable, and how the final accounting is done.

• Disclaimers and protections: Any limits on liability, and the client’s rights to consult, modify, or terminate the agreement. The document might also note how disputes about the fee will be resolved.

A few practical reminders as you read or draft this kind of explanation

• It’s about clarity, not condescension: The language should be straightforward. If a term feels like a legalese trap, it probably needs to be rewritten in plain terms.

• It should be signed and dated: A signed document carries weight when a question later arises. It’s evidence of mutual understanding at the outset.

• Don’t rely on memory alone: Verbal assurances can fade. A written note creates a steady reference point.

• It isn’t a one-and-done: If circumstances change—like the scope of work shifts or costs rise—you’ll want to update the written explanation so it stays accurate.

Common missteps worth avoiding

• Verbal explanations alone: Some folks assume a casual chat is enough, but when money and outcomes are involved, a lack of written documentation invites trouble. The written form is not a bureaucratic hurdle; it’s a practical safeguard.

• Overly vague terms: Vague descriptions of “services as needed” or “reasonable fees” leave room for dispute. Specificity helps both sides understand expectations and obligations.

• Hidden costs: Even when the fee structure is contingent, costs should be transparent. The absence of clarity about who bears which costs can spark friction later.

How this plays out in real-world thinking

Imagine you’re facing a civil matter with a contingent fee arrangement. The written explanation acts like a contract-like compass. It doesn’t replace good judgment or a good relationship with your attorney, but it anchors those things in paperwork you can refer back to when questions arise. You won’t have to wonder, “Am I paying this percentage because of the settlement, or do I owe something if the case drags on?” The document provides the answer in black and white.

For the MPRE-style ethical lens, this emphasis on writing isn’t about trickiness or loopholes. It’s about trust. The ethics framework encourages lawyers to communicate clearly and to document essential terms so clients can understand their rights and obligations. A written explanation is a concrete expression of that principle: clarity reduces risk, protects clients, and promotes professional integrity.

A note on a common exam scenario (without turning this into a cram session)

If you’re ever asked to identify the required element for a contingent fee agreement, the correct choice is the written explanation. It’s not merely a nice-to-have; it’s the standard that helps ensure the client can make informed decisions and that the lawyer’s compensation is fair and transparent. The goal isn’t to trip someone up with a tricky question; it’s to remind everyone that ethical practice hinges on clear, documented communication.

Turning this into everyday practice

If you’re a future attorney or someone curious about how ethics looks in everyday legal life, take this as a simple rule of thumb: whenever a fee is contingent on an outcome, insist on a written explanation. Use it as a checklist when you meet with a client or when you review your own file:

• Do you have a written explanation for the contingent arrangement?

• Does it spell out the service scope, fee calculation, and cost responsibilities?

• Are there clear terms for settlement, termination, and dispute resolution?

• Is the document signed and dated?

If the answer to any of these questions is no, it’s worth revisiting the agreement. It’s not about distrust; it’s about making sure both sides feel secure and informed.

A closing moment of clarity

Contingent fee agreements can feel like a leap of faith. The right side of that leap is a solid, written explanation that spells everything out. It’s the kind of detail that might seem mundane until you’re in the middle of a tense moment and realize you’re glad it exists. It protects clients from surprises and protects attorneys from misunderstandings. And when both sides are anchored in a shared understanding, the work that follows becomes more about solving problems and achieving outcomes than about wrangling over terms.

Key takeaway

For contingent fee agreements, a written explanation isn’t optional; it’s essential. It clarifies what’s expected, what’s charged, and who’s responsible for costs. It reduces the likelihood of disputes and builds trust between client and lawyer. In the real world, that kind of transparency isn’t just good ethics—it’s good practice.

If you’re exploring these ideas further, you’ll likely encounter real-world examples and scenarios that illustrate how a clear written explanation makes a tangible difference. And yes, the more you see these principles in action, the more naturally they slot into your understanding of professional responsibility. After all, ethics isn’t a checklist—it’s a mindset that protects the human side of legal work, one clearly written line at a time.