Confirm the terms every written fee agreement or engagement letter should contain before you sign.
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A written fee agreement, also called an engagement letter or retainer agreement, is the single best protection against billing surprises. ABA Model Rule 1.5(b) says the scope of representation and the basis of the fee should be communicated, preferably in writing, before or shortly after the work begins, and most states have adopted a version of that rule. Contingency agreements must be in writing and signed by the client in every state that follows Rule 1.5(c). Some states go further: California requires a written agreement in most matters where total fees and costs are expected to exceed $1,000, and New York generally requires a written letter of engagement when fees are expected to reach $3,000 or more, with exceptions.
Work through the list with the draft agreement in front of you. Tick an item only if the agreement actually says it, not if the lawyer mentioned it in conversation. Anything unchecked is a question to ask before signing. For example, if the agreement says "costs will be billed" without saying whether photocopies or online research are marked up, ask for that in writing.
Your ticks are saved in this browser only. The checklist is general information and not legal advice; your state's rules may require additional terms.
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