Contingency Fee Agreement - District of Columbia

CONTINGENCY FEE AGREEMENT (DISTRICT OF COLUMBIA)

Parties and Engagement

Date of Agreement: [__/__/____]

The Client acknowledges receipt of a signed copy of this Agreement, which also serves as the written communication of the basis or rate of the fee, scope of representation, and expenses under D.C. RPC 1.5(b).

1. Scope of Representation (RPC 1.5(b))

The Client retains the Attorney to represent the Client in the following matter:

Nature of Claim: [________________________________]

Adverse Party / Defendant(s): [________________________________]

Date of Incident / Accrual: [__/__/____]

Statute of Limitations Deadline: [__/__/____]

Court / Venue: [________________________________]

This representation ☐ includes / ☐ does not include appeals and post-judgment proceedings.

2. The Contingent Fee — Method of Determination (RPC 1.5(c))

The Attorney's fee is contingent on the outcome and is stated as a percentage of the recovery. The method by which the fee is determined is as follows.

Base contingent fee: [____]%

☐ Single percentage (above), OR ☐ Tiered by stage:

"Recovery" means the total amount recovered by settlement, judgment, or award.

3. Fee Computed on Gross or Net — Expenses Deducted Before or After

The contingent-fee percentage is applied (indicate which):

☐ Before deduction of litigation and other expenses (percentage applied to gross recovery; expenses then deducted from the Client's share).
☐ After deduction of litigation and other expenses (expenses deducted from gross recovery first; percentage then applied to the net).

4. Costs and Expenses — Liability Regardless of Outcome (RPC 1.5(c))

The Client will be responsible for the following litigation and other expenses:
☐ Court filing fees ☐ Service of process ☐ Deposition / transcript costs ☐ Expert witness fees and reports ☐ Medical records retrieval ☐ Investigation ☐ Mediation / arbitration fees ☐ Document reproduction ☐ Other: [________________]

Cost advance policy:
☐ The firm advances all costs; the Client reimburses from the recovery.
☐ The Client is responsible for costs as incurred, regardless of outcome.
☐ Hybrid: firm advances up to $[____]; Client responsible beyond that amount.

Liability for expenses regardless of outcome (required statement under RPC 1.5(c)): The Client ☐ will / ☐ will not be liable for litigation and other expenses regardless of the outcome of the matter. Detail: [________________________________].

5. Associated / Referral Counsel — Division of Fees (RPC 1.5(e))

A division of fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion to the services performed by each lawyer, or each lawyer assumes joint responsibility for the representation; (2) the Client is advised, in writing, of the identity of the lawyers who will participate, of the contemplated division of responsibility, and of the effect of the association of outside lawyers on the fee to be charged; (3) the Client gives informed consent; and (4) the total fee is reasonable.

☐ Associated/referral counsel involved: [________________] — written disclosure provided, informed consent obtained, total fee reasonable.

6. Excluded / Prohibited Contingent Fee Matters (RPC 1.5(d))

A contingent fee may not be charged for representing a defendant in a criminal case, and this Agreement confirms it does not apply to a criminal defense matter.

☐ This matter is not the defense of a criminal case.

7. Settlement Authority

The Attorney will communicate all settlement offers to the Client. The decision to accept or reject any settlement belongs solely to the Client (RPC 1.2(a)). The Attorney will not settle without the Client's authorization.

8. No Recovery — No Fee

If there is no recovery, the Client owes no attorney fee.
☐ The Client remains responsible for expenses advanced (consistent with Section 4), OR
☐ The firm absorbs advanced expenses if there is no recovery.

9. Client's Right to Terminate; Quantum Meruit and Attorney's Lien

The Client may discharge the Attorney at any time. If the Client terminates this Agreement and later recovers on the claim, the Attorney may be entitled to compensation on a quantum meruit basis for the reasonable value of services rendered before discharge, subject to applicable District of Columbia law, and the Attorney may assert a charging lien against the proceeds to the extent permitted by law.

10. Liens and Subrogation

The Client acknowledges the recovery may be subject to:
☐ Medical / provider liens ☐ Health insurer subrogation ☐ Medicare / Medicaid liens (42 U.S.C. § 1395y(b)) ☐ Workers' compensation liens ☐ Other: [________________]

The Attorney will endeavor to negotiate and resolve liens from the recovery; the Client remains ultimately responsible for satisfying all valid liens.

11. Closing Statement (RPC 1.5(c))

Upon conclusion of this contingent-fee matter, the Attorney will provide the Client with a written statement stating the outcome and, if there is a recovery, showing the remittance to the Client and the method of its determination.

12. Signatures

By signing, the Client confirms understanding of and agreement to this contingency fee arrangement.

Client Signature: ________________________________ Date: [__/__/____]

Client Printed Name: [________________________________]

Attorney Signature: ________________________________ Date: [__/__/____]

Attorney Printed Name & D.C. Bar No.: [________________________________]

District of Columbia Practice Notes

• Written-communication rule — RPC 1.5(b). When the lawyer has not regularly represented the client, the basis or rate of the fee, the scope of representation, and the expenses for which the client will be responsible must be communicated to the client in writing, before or within a reasonable time after commencing the representation. This Agreement satisfies that requirement.
• RPC 1.5(c) contingent fee requirements. A contingent fee agreement must be in writing and state the method of determination, including the percentage(s) on settlement/trial/appeal; the litigation and other expenses to be deducted; whether expenses are deducted before or after the fee is calculated; and whether the client will be liable for expenses regardless of the outcome. A written closing/remittance statement is required at conclusion.
• No general statutory cap. The District imposes no statutory percentage cap or sliding scale on contingent fees. The percentage is negotiable, subject to RPC 1.5(a) reasonableness.
• Prohibition — criminal only (RPC 1.5(d)). D.C. prohibits contingent fees only for representing a defendant in a criminal case. Notably, D.C. RPC 1.5(d) does not contain the domestic-relations prohibition found in the ABA Model Rule and most states. Under RPC 1.5(f), any fee prohibited by paragraph (d) or by law is per se unreasonable. Exercise caution before using a contingent fee in any family-law matter; it is not categorically barred by Rule 1.5(d) but remains subject to reasonableness and other law.
• Fee division — RPC 1.5(e). A division between lawyers in different firms requires proportionality of services or joint responsibility; written advice to the client of the participating lawyers, the contemplated division of responsibility, and the effect on the fee; the client's informed consent; and a reasonable total fee.
• Unsettled / verify: Confirm the current D.C. Court of Appeals text of RPC 1.5 (most recent compilation) and any local-rule or statutory fee limits applicable to specialized matters (e.g., wrongful-death distributions, structured settlements). Where a matter will be filed in a federal court sitting in D.C. or involves a federal statute (e.g., FTCA's 25% cap under 28 U.S.C. § 2678, or 42 U.S.C. § 1988), the federal limits control.

Sources and References

• D.C. Rules of Professional Conduct, Rule 1.5: Fees (D.C. Bar)
• D.C. Rules of Professional Conduct (full text PDF, D.C. Bar)
• ABA Model Rule 1.5 — Fees (comparison)
• 28 U.S.C. § 2678 — FTCA contingent fee cap (federal matters)