A Miami Contingency Fee Is Defined by the Written Agreement
A contingency fee generally ties an attorney’s fee to a recovery rather than billing that fee solely by hours, but the signed Miami engagement agreement controls the actual calculation and obligations. The percentage, calculation base, litigation stage, treatment of expenses, and no-recovery terms should never be inferred from the label alone.
Test three competing possibilities before signing: the quoted percentage may apply to the gross recovery, to a defined amount after specified deductions, or through tiers that change when suit, appeal, or another event occurs. Ask the firm to identify the controlling clause for every version.
Separate the Attorney Fee From Case Expenses
Filing fees, records, transcripts, investigators, experts, travel, demonstratives, mediation, and other case costs are distinct from compensation for legal services. Written terms should identify the initial payer, any approval requirement, the reimbursement event, and responsibility if the matter produces no recovery.
Ask an accident attorney for a written sample closing statement using hypothetical figures and the proposed contract terms. The example should show the recovery, fee base, percentage, cost reimbursement, liens or balances, other deductions, and estimated client net without presenting the illustration as a promise.
Read the Clauses That Apply When Representation Changes
Review withdrawal, client termination, discharge for cause, attorney lien, quantum meruit or other fee language, file transfer, cost ledger, and dispute procedure. If another lawyer participates, determine how any division is disclosed and whether it changes the client’s total obligation.
A personal injury attorney should also explain how a structured payment, periodic recovery, appeal, retrial, post-judgment collection, or separate policy payment is treated. Undefined terms such as recovery, proceeds, costs, and gross amount deserve clarification before work begins.
Require a Final Accounting That Repeats the Contract Math
At resolution, compare the closing statement with the executed agreement and any approved amendments. Trace each receipt and deduction, confirm disputed balances, and retain the signed distribution authorization and payment records.
Do not evaluate the agreement only by its headline percentage. Scope, expected expense categories, communication, approval rights, termination terms, and who bears unsuccessful-case costs can materially affect the working relationship and net result.
Before signing, obtain the complete agreement, request written answers for the no-recovery and termination scenarios, and review a clause-based sample distribution. Those three documents make the arrangement understandable without assuming every firm uses the same terms. At S&S Law, we help Miami clients with contingency fees.