Public Concerns Pathway

Do Not Agree with Terms of the 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 should be included in a contingency agreement?

Lawyers and limited licensees who enter into a contingency fee agreement with a client must ensure the agreement:

• is fair; and
• the fee outlined in the agreement is 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; and
• not appear to:
  • exclude the lawyer’s or limited licensee’s liability for negligence;
  • require the consent of the lawyer or limited licensee before a client may abandon, discontinue or settle the case; or
  • prevent the client from changing their lawyer or limited licensee before the conclusion of the retainer;
• state clearly when and how you agree to pay for disbursements.

For limited licensees, the contingency agreement cannot require payment directly to the limited licensee. The client must receive the funds first and then submit payment to the limited licensee.

What areas of law cannot have a contingency arrangement?

Unless approved by the court, lawyers and limited licensees cannot enter into a contingency fee agreement for a:

• child custody or access matter; or
• family law dispute.

See Rule 1903 of the Law Society of Saskatchewan Rules for more information.

If you believe the lawyer or limited licensee entered into a contingency agreement in a prohibited area or included prohibited terms, submit a complaint.

Common Questions