A lawyer’s website, reviews, prior results, office location, and first conversation may provide background, but they do not define the actual engagement. The representation agreement and related written disclosures should identify who will do the work, what work is included, how fees and expenses are calculated, how decisions are made, and what happens if the relationship ends.

A representation agreement should make the working relationship testable without asking the reader to rely on advertising claims or a predicted result.

Verify the lawyer and the proposed relationship

The North Carolina State Bar’s public guidance identifies licensure, relevant experience and knowledge, disciplinary history, malpractice insurance, temperament, fees, and expenses as factors a prospective client may evaluate. Confirm the individual lawyer expected to be responsible and compare the written agreement with what was discussed.

  • Lawyer and firm names, North Carolina license status, office and contact information, and the person responsible for the matter
  • Client identity, represented parties, conflicts checked, event or claim covered, and the effective date of the engagement
  • Information supplied during intake, unresolved facts, time-sensitive questions, and any action that will not begin until a stated condition occurs
  • Promises made during the consultation compared with the actual written scope rather than treated as unwritten additions

Define the scope by stage and task

  • Initial investigation, evidence preservation, insurance claim, medical-record collection, demand, negotiation, lawsuit, discovery, mediation, trial, appeal, lien work, and disbursement listed separately
  • Related property, health-insurance, disability, workers’ compensation, estate, bankruptcy, criminal, tax, benefits, or other matters identified as included, excluded, or requiring separate review
  • Client tasks, lawyer tasks, staff tasks, outside-provider tasks, approval points, ordinary status dates, and urgent escalation method
  • Referral, co-counsel, association, fee division, or transfer addressed in writing when applicable rather than inferred from the firm name

Recalculate the fee and expense terms from the document

North Carolina Rule of Professional Conduct 1.5 addresses fees and expenses. For a contingent fee, the rule requires a signed writing that states how the fee is determined, the percentages that apply at settlement, trial, or appeal, how litigation and other expenses are deducted, and whether the client may be responsible for expenses without a recovery.

  • Percentage at each stage, event that changes the percentage, treatment of an appeal or retrial, and any separate matter
  • Expense categories, who advances them, client approval thresholds, interest or financing terms, and responsibility if no money is recovered
  • Whether expenses are subtracted before or after the fee, shown with a hypothetical calculation using neutral round numbers
  • Treatment of medical balances, reimbursement interests, liens, taxes, structured payments, costs awarded by a court, and disputed funds without assuming a final amount

Put communication and decision responsibility in operational terms

Rule 1.4 addresses consultation, status information, reasonable requests for information, and explanations needed for informed decisions. The agreement or onboarding material should turn those duties into a usable contact plan.

  • Primary lawyer and staff contact, communication channels, portal or document system, ordinary response expectations, and backup contact
  • Who receives insurer, opposing-party, medical-provider, court, and vendor communications and how the client receives a copy or summary
  • Decisions reserved for the client, recommendations the lawyer will provide, information needed before a decision, and how authorization is recorded
  • Process for correcting contact information, factual errors, missing records, communication problems, or a disagreement about instructions

Understand termination, withdrawal, and file transfer

Rule 1.16 addresses declining or ending representation, tribunal permission when required, and reasonable steps involving notice, time to obtain other counsel, papers or property, and unearned fees. Read the agreement’s termination clause beside the rule and the actual posture of the matter.

  • How either side gives notice, any court approval required, immediate deadlines, transition work, and responsibility until withdrawal is effective
  • File contents, original documents, electronic format, delivery method, copying or other charges, retained records, and access after closing
  • Treatment of advanced expenses, earned and unearned fees, asserted liens, disputed funds, final accounting, and replacement-counsel communication
  • No assumption that changing lawyers pauses a filing period, hearing, insurer request, evidence-loss risk, or another active obligation

Compare written terms rather than outcome predictions

Create a side-by-side worksheet using the same fields for every proposed engagement: responsible lawyer, scope, excluded matters, fee stages, expense treatment, client responsibility, communication, decisions, preservation work, litigation capacity, termination, file delivery, and unresolved questions. A blank, verbal answer, or marketing statement should remain visibly different from a written term.

The related guide to evaluating access, licensure, communication, and case fit addresses the broader selection process. Use the written agreement itself to compare scope, fees, expenses, communication, decisions, termination, and file delivery.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about Charlotte personal-injury representation. The agreement, matter, client objectives, fees, expenses, responsibilities, and procedural posture should be reviewed before an engagement decision.

Sources