A personal-injury engagement agreement defines the lawyer-client relationship. It should be read as an operating document, not as a formality after a consultation. The useful review asks who is represented, what work is included, how decisions are made, how money is calculated, and what happens if the relationship ends.

An engagement agreement should identify the matter, the services included, the fee calculation, the expense rules, and the responsibilities that remain with the client.

Confirm the client and matter

  • Correct legal name and contact information for each client, including a minor, estate, guardian, business, spouse, or family member with a separate role
  • Event, date, parties, claims, property, insurance, court case, administrative proceeding, and geographic scope included
  • Related matters excluded, such as property damage, benefits, workers’ compensation, probate, criminal defense, tax advice, appeal, or another jurisdiction
  • Conflicts, joint representation, information sharing, authority, and what happens if clients later disagree
  • The event that begins representation and any condition that must occur before the lawyer accepts responsibility

Read the scope and decision clauses together

North Carolina State Bar Rule 1.2 addresses the allocation of authority between client and lawyer, the client’s settlement decision, and reasonable limits on scope. An agreement should state whether services cover investigation, pre-suit negotiation, filing, discovery, experts, mediation, trial, post-judgment work, or appeal.

  • Who decides settlement, filing, claims, parties, experts, major expenses, and other material objectives
  • Which routine steps are impliedly authorized and which require advance client approval
  • Client duties involving truthful information, medical updates, evidence, records, communication, appearances, discovery, address changes, and deadlines
  • Circumstances in which the lawyer may associate counsel, refer part of the matter, or use contract staff or vendors

Work through the fee calculation

Rule 1.5 addresses fees and expenses. A contingent-fee agreement must be in a writing signed by the client and state how the fee is determined, including percentages that apply at settlement, trial, or appeal; litigation and other expenses deducted from recovery; whether expenses are deducted before or after the fee calculation; and expenses for which the client remains liable.

  • Apply the percentage to several hypothetical gross recoveries at the pre-suit, filed, trial, and appeal stages
  • Calculate expenses before and after the fee to see which method the agreement uses
  • Identify filing, records, deposition, expert, travel, investigation, medical-review, exhibit, technology, and other potential expenses
  • Ask who advances expenses, who approves them, whether interest or administrative charges apply, and what happens if there is no recovery
  • Keep medical balances, liens, benefit repayment, taxes requiring separate advice, and other deductions distinct from the legal fee

Identify who will handle the matter

Record the responsible lawyer, other lawyers, paralegals, staff, outside counsel, vendors, and division of work. If lawyers from different firms may divide a fee, Rule 1.5 includes requirements involving services or joint responsibility, client agreement, written confirmation, and the total fee.

Set communication and status expectations

Rule 1.4 addresses consultation, status information, reasonable requests, and explanation needed for informed decisions. The agreement or intake record should identify the main contact, update schedule, expected response channel, emergency method, portal use, document delivery, language or accessibility need, and how settlement offers are communicated.

Review termination, file, and closing terms

  • Client discharge, lawyer withdrawal, court permission, immediate deadlines, file transfer, cooperation, and continuity of representation
  • Fee or expense claims after termination, later recovery, referral, association, or substitution of counsel
  • Original documents, physical evidence, electronic files, storage, return, destruction, privacy, and copy charges
  • Closing statement, settlement statement, trust disbursement, unresolved balances, final file, and questions after conclusion

The related change-of-counsel guide explains how scope, deadlines, the file, fees, court procedure, and communication affect a later transition.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about personal-injury representation in Charlotte and North Carolina. Read the actual agreement, ask questions, and keep the signed version and later amendments.

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