A contingent fee arrangement must be?

A contingent fee arrangement must be in writing and signed by the client to ensure clear understanding and protection for both parties involved. This requirement is in place because contingent fee arrangements can often be complex, involving specific conditions about when and how the attorney will be compensated based on the outcome of the case. By having a written agreement, it provides a documented reference that outlines the terms of the fee arrangement, including the percentage the lawyer will take from any recovery, which helps to avoid potential misunderstandings or disputes later on.

Furthermore, the requirement for a written agreement enhances the professional responsibility of the lawyer by providing transparency to the client about the financial implications of the representation. This is particularly important in contingent fee cases, as clients may be making decisions based on the anticipated outcome of their case and how it aligns with their financial situation.

In contrast, other arrangements, such as oral agreements or informal mentions of fees, do not provide the same level of clarity or security, which could lead to confusion or miscommunication. Therefore, the proper execution of a contingent fee arrangement in writing serves to protect the interests of both the client and the attorney.