“Free consultation,” “no fee unless there is a recovery,” and “no upfront cost” are not interchangeable statements. One may describe the price of an initial conversation, another may describe how a legal fee is calculated, and another may refer to when fees or expenses are paid. The written terms should identify each category separately.

A no-charge consultation, a contingent legal fee, and responsibility for case expenses describe three different parts of a potential lawyer-client relationship.

Ask what the consultation description covers

  • Length, format, participants, subject, documents accepted, conflict-check process, and whether the conversation is informational or includes legal advice
  • Whether there is a charge for the initial meeting, document review, follow-up call, records review, written evaluation, travel, or another service
  • Whether the firm will decide about representation during the meeting, after more information, or through a later written communication
  • What the person must continue doing about deadlines, notices, evidence, medical bills, insurer requests, and other tasks unless representation is confirmed

The North Carolina State Bar’s before-you-hire guidance recommends discussing the legal problem, possible approaches, communication, fees, expenses, and the written agreement. A consultation description should not substitute for the agreement that states whether the firm accepted the matter and on what terms.

Read the contingent-fee calculation separately

North Carolina Rule of Professional Conduct 1.5 addresses legal fees and expenses. It states requirements for contingent-fee agreements, including a writing signed by the client that explains how the fee is determined and whether litigation and other expenses are deducted before or after the fee calculation.

  • Percentage or other method, amount to which it applies, stages or events that change it, and treatment of a judgment, settlement, structured payment, or other recovery
  • Whether the calculation uses the gross amount or an amount after specified deductions, with examples based only on the written formula
  • Who receives funds, how the closing statement will show the remittance and calculation, and how disputed amounts are handled
  • What happens if representation ends, another lawyer becomes involved, the claim changes, no recovery occurs, or an appeal or separate matter arises

List case expenses by category and responsibility

  • Medical records, images, reports, filing, service, deposition, transcript, witness, professional review, travel, investigation, copying, technology, mediation, arbitration, and other possible expenses
  • Who approves an expense, whether the firm advances it, when it is deducted, whether it earns interest or a service charge, and what documentation the client receives
  • Whether the client may owe an expense if there is no recovery, if the relationship ends, or if the lawyer recommends an expense the client declines
  • Which ordinary personal expenses, medical bills, property costs, benefit repayments, liens, taxes, or other obligations are outside the legal-fee provision

Confirm scope and decision authority in writing

North Carolina Rule of Professional Conduct 1.2 addresses the objectives and means of representation, reasonable scope limitations, and the client’s settlement decision. The agreement should identify the client, matter, included and excluded work, decisions reserved to the client, tasks the lawyer may undertake, and changes that require written confirmation.

  • Exact claim, party, policy, court, agency, appeal, property issue, benefit issue, or related matter included or excluded
  • Responsible lawyer, other lawyers and staff, outside professionals, communication method, status frequency, and document access
  • Settlement authority, expense authority, signatures, insurer communication, file custody, termination, withdrawal, and transfer terms
  • Date representation begins, any condition that must occur first, non-engagement if the matter is declined, and responsibility for open dates

Use a comparison sheet for terms, not promotional labels

  • Consultation charge and scope
  • Representation status and scope
  • Fee method and calculation base
  • Expense categories, approval, advancement, deduction order, and responsibility
  • Communication, staffing, settlement authority, ending the relationship, file access, and unresolved questions

The related guide to reviewing a North Carolina personal-injury representation agreement covers the complete engagement document. This page owns the narrower distinction among the consultation price, the legal-fee formula, and case expenses before those terms are compared.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about consulting a Charlotte personal injury lawyer. Ask for written confirmation of consultation terms, representation status, fee calculation, expenses, and scope before relying on a short advertising phrase.

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