JANUARY 2025 | 19 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. A LAWYER’S CONTRACT WITH A CLIENT DOES NOT HAVE TO BE IN WRITING in most cases, but when a lawyer agrees to represent a new client or represent a current client on a new matter, the lawyer should prepare and execute a written contract. These agreements are known by several names, including engagement agreements, fee agreements, engagement letters, retainer agreements or simply fee contracts. Whatever the name of these agreements, reducing the agreement to writing can define the attorney-client relationship, define the duties and obligations of both the lawyer and the client, reduce the risk of misunderstanding and reduce the risk of grievances and disciplinary action. AGREEMENTS REQUIRED TO BE IN WRITING Contingent fee agreements must be in writing. ORPC 1.5(c) states, in part: A contingent fee agreement shall be in writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party (emphasis added). A contingent fee agreement must be in writing and must contain all the elements mentioned above to be in compliance with the Oklahoma Rules of Professional Conduct. Rule 1.5(b) requires: The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client (emphasis added). All written fee agreements, contingent or not, should contain the information required by 1.5(c) and more, and all fee agreements should be in writing. A WRITTEN FEE AGREEMENT SHOULD CLEARLY IDENTIFY THE CLIENT Defining the scope of the representation is essential. Essential to
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