Contingency Fee Agreement
Before signing a contingency agreement, make sure that you:
- understand what the agreement means; and
- are comfortable with all the terms.
If you do not agree with the terms, do not sign the agreement.
Once signed, you have entered into a legally binding contract. The Law Society cannot provide legal advice about whether a contingency agreement is in your best interest.
See Part 19 of the Law Society of Saskatchewan Rules for more information.
What is your concern with your contingency fee agreement?
Common Questions
Lawyers and limited licensees who enter into a contingency fee agreement with a client must ensure the agreement is fair and the fees outlined in the agreement are reasonable under the circumstances that existed when the contract was entered into. The agreement should:
- say that you can apply to the Court for a decision about whether the agreement is fair and reasonable.
- not appear to:
- exclude the lawyer’s or limited licensee’s liability for negligence;
- require the lawyer’s or limited licensee’s consent before a client may abandon, discontinue or settle the case; or
- prevent the client from changing lawyers or limited licensees before the conclusion of the retainer.
- state clearly when and how you agree to pay for disbursements.
Lawyers or limited licensees cannot enter into a contingency fee agreement for a child custody or access matter, or a family law dispute unless it is approved by the Court. See Rule 1903 of the Law Society of Saskatchewan Rules for more information.