Our lawyers rarely meet with our clients before they sign a retainer. We want to get moving forward quickly.
This is the letter we send that attaches the retainer agreement and medical authorization. This document used to be multiple pages. We really do not think that is necessary. We have narrowed our standard contingency fee agreement down to something very simple that the client can easily understand.
Letter to Client with Contingency Fee Agreement
April 18, 2025
Steven C. Dulin
4601 First Street
Bowie, Maryland 20715
Dear Mr. Dulin:
It was a pleasure to speak with you today. I am glad that you are finally out of the hospital.
As we discussed, I have enclosed the documents we need to get you started: the representation agreement and a medical authorization. We want to get these documents back immediately so we can begin our investigation. For your convenience, I have attached a self-addressed, stamped envelope. (In 2025, we will usually get retainers out by email with electronic signatures.)
If Henderson Trucking or its insurance company contacts you, do not speak to them and refer them to our office. At this sensitive point, you also should not talk to your insurance company, State Farm, unless I am on the call with you. Also, make sure you do not discuss the accident or your injuries using any social media.
Our legal team looks forward to working with you to achieve the best possible recovery for you in your case. If you have questions about your case, either now or anytime throughout this process, please do not hesitate to contact me. We are here to help.
Very truly yours,
Ronald V. Miller, Jr.
Enclosures
- Sample initial client intake forms and how to set up your intake process to best select cases
- How to set up a personal injury case from the beginning
- What is my client’s case worth?
Contingency Fee Agreement Template
I, Steven C. Dulin, retain and employ Miller & Zois, LLC (M&Z) as my attorneys to represent me in my claim against any individual, company or entity for bodily injuries sustained arising out of an incident that occurred on April 3, 2025.
It is understood and agreed that my Attorneys will receive as their fee thirty-three and one-third percent (33-1/3%) of the gross amount received by way of settlement. If a lawsuit is filed, or my case is submitted to binding arbitration, my Attorneys shall receive as their fee forty percent (40%) of the gross amount received. This retainer does not apply to any appeal I may decide to pursue from a court ruling. M&Z is not obligated to file an appeal on my behalf.
I further agree that in the event I choose to no longer pursue my case, or if this attorney-client relationship is terminated by either party, M&Z will retain my file until an agreement is made with respect to M&Z’s fee and M&Z is reimbursed for expenses incurred.
M&Z will advance all reasonable expenses associated with my case. Expenses include, but are not limited to, copies of medical records, police reports, depositions, investigative fees, photocopying, postage, filing fees of the court, expert witness fees, court reporter and videographer fees, travel expenses, and any other expenses necessary for the proper handling of my case. These costs will be reimbursed to M&Z out of any financial recovery M&Z obtains on my behalf.
M&Z may assist me in processing my personal injury protection claim (“PIP“), but will not take any fee for this assistance, nor does M&Z represent me for any claims I may have against any individual or insurance company for any disputes arising out of a PIP dispute.
M&Z will be given power of attorney to complete and sign any application or paperwork necessary to process my personal injury protection claim on my behalf. M&Z does not represent me for any property damage claim.
If there is no recovery on my behalf, M&Z does not receive a fee and M&Z will be responsible for any costs or expenses incurred.
Steven C. Dulin
Miller & Zois, LLC
HIPAA Medical Release
Patient Name: Steven C. Dulin Date of Birth: 01/11/85
Social Security Number: 123-45-6789
- I authorize the use or disclosure of the above-named individual’s health information as described below.
- The following individual(s) or organization(s) are authorized to make the disclosure:
- The type of information to be used or disclosed is as follows: COMPLETE MEDICAL RECORDS AND ITEMIZED ACCOUNT STATEMENTS.
- I understand that the information in my health record may include information relating to sexually transmitted disease, acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV). It may also include information about behavioral or mental health services and treatment for alcohol and drug abuse.
- The information identified above may be used by or disclosed to the following individuals or organization(s): My Attorneys: Miller & Zois, LLC (M&Z), 1 South St, #2450, Baltimore, MD 21202, 410-779-4600.
- The information for which I’m authorizing disclosure will be used for my personal injury litigation.
- I understand that I have the right to revoke this authorization at any time. I understand that if I revoke this authorization, I must do so in writing and present my written revocation to the health information management department. I understand that the revocation will not apply to information that has already been released in response to this authorization. I understand that the revocation will not apply to my insurance company when the law provides my insurer with the right to contest a claim under my policy.
- This authorization will expire one year from the date on which it was signed.
- I understand that once the above information is disclosed, it may be redisclosed by the recipient, and the information may not be protected by federal privacy laws or regulations.
- I understand authorizing the use or disclosure of the information identified above is voluntary. I need not sign this form to ensure healthcare treatment.
Signature of patient or legal representative:
___________________________________
Contingency Fee FAQs – Miller & Zois
✅ What Is a Contingency Fee?
A contingency fee means our firm only gets paid if we win your case—through a settlement, verdict, or judgment. You do not owe us any legal fees upfront. Our fee is typically:
33 1/3% of any settlement before a lawsuit is filed, or
40% if we file a lawsuit or take your case to binding arbitration or trial.
This percentage structure is common and reflects the greater time and risk involved when a case proceeds into litigation.
💡 What’s the Difference Between a Contingency Fee and a Retainer?
A retainer agreement is the written contract that outlines the terms of the attorney-client relationship. In personal injury cases, this is usually a contingency fee retainer agreement, meaning it sets the terms of payment based on recovery, not time billed. It also covers:
• Scope of the representation (e.g., bodily injury only, not property damage or workers’ comp)
• Who pays for litigation costs (we do)
• Client responsibilities (e.g., truthfully communicating, returning documents)
• Termination terms if the relationship ends early
📂 What Costs Does the Law Firm Advance?
Some law firms ask clients to pay expenses as they arise. We don’t. At Miller & Zois, we advance all litigation-related costs on your behalf and are only reimbursed if you win. These costs may include:
• Medical records and bills
• Expert witness fees
• Depositions and court reporters
• Filing fees
• Investigator costs
• Travel expenses
If your case does not result in a financial recovery, you owe us nothing—not even reimbursement for costs.
⚠️ What to Watch Out For in Contingency Fee Agreements
Not all agreements are created equal. Some lawyers may try to charge hidden fees, take a fee from your PIP (personal injury protection) benefits, or make you responsible for litigation costs no matter what. That’s not how we operate.
When reviewing any sample attorney-client fee agreement, look for:
• Clear language on percentages and when they apply
• Whether the firm covers expenses upfront
• Whether you’re responsible for costs if there’s no recovery
• Language about PIP claims and whether the lawyer takes a cut (we do not)
🖋️ Can I See a Sample Contingency Fee Agreement Before Signing?
Absolutely. We provide a sample contingency fee agreement with every intake packet we send—by mail or electronically. You can review it, ask questions, and only sign when you feel comfortable. We’re transparent about our fee structure because we want our clients to feel confident from day one.
If you’re searching for terms like “1/3 contingency fee,” “personal injury retainer agreement example,” or “contingency fee lawyer contract template,” we’ve likely answered your questions right here. Still, feel free to contact us anytime for clarification.