A contingency fee means the lawyer's fee is a percentage of what is recovered, and nothing if there is no recovery. Under Georgia Rule of Professional Conduct 1.5(c), the agreement must be in writing and state the percentages, the expenses deducted, and whether expenses come off before or after the fee. Case costs are separate from the fee, and the agreement must say whether you owe them if there's no recovery.
Most people hurt in a crash can't pay a lawyer by the hour while they're out of work and facing medical bills. Contingency fees solve that: the lawyer takes the risk and is paid from the recovery. It's how Parisi Law Firm handles personal injury cases, and it's standard across Georgia.
But "no fee unless we win" is only part of the picture. The details are in the written agreement, and Georgia's ethics rules say what that agreement has to cover. Here's how it works.
What Georgia requires in a contingency fee agreement
Georgia Rule of Professional Conduct 1.5(c)(1) says a contingent fee agreement "shall be in writing" and must state:
- The method by which the fee is determined.
- The percentage or percentages the lawyer receives if the case settles, goes to trial, or is appealed. Many agreements use different percentages at different stages.
- The litigation and other expenses to be deducted from the recovery.
- Whether those expenses are deducted before or after the fee is calculated.
Fees vs. case costs
The fee pays for the lawyer's work. Case costs (sometimes called expenses) are the out-of-pocket costs of building the claim: medical records, filing fees, court reporters, expert witnesses, accident reconstruction, and similar items. These can add up in a case that goes to suit.
Rule 1.8(e) lets a lawyer advance those costs, with repayment contingent on the outcome. The State Bar's Formal Advisory Opinion 05-5 says the agreement must tell you whether you are or are not responsible for those expenses even if there's no recovery. Read that part closely and ask about it.
Before-or-after matters too. If expenses are deducted before the percentage is applied, the fee is calculated on a smaller number. Your agreement must say which method is used.
What a lawyer can't do
- Georgia doesn't allow a lawyer to give clients financial help with living expenses during a case. Rule 1.8(e) allows advancing court costs and litigation expenses, not rent or groceries.
- Fees must be reasonable under Rule 1.5(a), even when they're contingent.
- If a fee is split with a lawyer outside the firm, the split must be proportional to the work done or each lawyer must take joint responsibility in writing, you must be told each lawyer's share, and the total must be reasonable (Rule 1.5(e)).
The closing statement you're owed
When the case ends, Rule 1.5(c)(2) requires the lawyer to give you a written statement showing the outcome and, if there's a recovery, the amount paid to you, how it was calculated, and the attorney fee. Expect it to list costs and any liens paid from the settlement too, such as a hospital lien or a health plan repayment. See our guides on hospital liens and health insurance and Medicare liens.
Questions to ask before you sign
- What percentage applies if the case settles before suit, after suit is filed, and if it goes to trial or appeal?
- Are case costs deducted before or after the fee is calculated?
- If there's no recovery, do I owe the costs you advanced?
- Who will actually handle my case day to day, and how will you keep me updated?
- How are liens and medical bills handled at the end?
- What happens to the fee if I change lawyers? Our guide to switching injury lawyers explains the usual answer.
How Parisi Law Firm handles fees
Personal injury cases at Parisi Law Firm are handled on a contingency fee, and the case review is free. Before you sign anything, ask us whatever you want about the fee agreement, including how case costs are handled. If you have questions about a fee agreement with another firm, we're happy to talk them through. Request a free case review or call (404) 594-5130.
Business law matters are different: they are not handled on a contingency fee. See our business law page.
Frequently Asked Questions
Does Georgia require a written contingency fee agreement?
Yes. Georgia Rule of Professional Conduct 1.5(c)(1) says a contingent fee agreement shall be in writing and must state the percentages, the expenses to be deducted, and whether expenses are deducted before or after the fee is calculated.
Do I pay anything if I lose my injury case?
You don't owe a contingency fee if there is no recovery. Whether you owe case costs the lawyer advanced depends on your agreement, which must say whether you are responsible for those expenses even if there is no recovery.
Can my lawyer lend me money for bills while my case is pending?
No. Georgia's Rule 1.8(e) allows lawyers to advance court costs and litigation expenses but not living expenses. Be careful with lawsuit loans too; since 2026, litigation funders must register with the state, and their agreements can be discoverable in your case.
Can contingency fees be used for criminal or divorce cases?
No. Rule 1.5(d) bars contingent fees for defending a criminal case and for domestic relations matters that depend on securing a divorce or on the amount of alimony, support, or a property settlement.
Sources
This guide is general information about Georgia law as of October 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.