Prior to hiring a lawyer in Wisconsin, it is critical that the consumer have an understanding of the terms of the agreement with the lawyer. This agreement is commonly referred to as the “retainer agreement.” A “retainer agreement” is simply a contract between the client and his or her lawyer. It should set out the duties and responsibilities of the lawyer, as well as the duties and responsibilities of the client. It should also explain who is responsible for paying costs, such as court filing fees, service fees, deposition fees, travel expenses long distance calls, and photocopy expenses, etc.

In Wisconsin, the retainer agreement will likely be one of the following types:

• Contingency Fee – usually used in all personal injury matters, civil rights/discrimination cases

• Hourly Rate – the most common retainer agreement

• Flat Fee – sometimes used by criminal defense lawyers, or trusts and estate lawyers

• Statutory Fee – Wisconsin Statutes govern the amount of attorneys fees, examples include medical malpractice and worker’s compensation fee agreements

• Hybrid – a combination of two or more of the above-listed fee agreements

In personal injury cases, Contingent Fee Retainer Agreements, by far the most common, usually provide that the lawyer receive a percentage of the total settlement or jury verdict awarded. Contingent Fee Retainer Agreements also usually provide that the lawyer pay or “front” the costs that are incurred as the case progresses; however, these costs are usually passed on to the client at the time of the settlement or jury verdict. Most provide that the contingent fee is taken out prior to any other expenditures, such as unpaid medical bills or the costs associated with prosecuting the claim.

NOTE: Many lawyers advertise “No Fee Unless You Win.” This means they are using a contingent fee agreement. Therefore, the lawyer gets paid a contingency of the final settlement amount or jury verdict. However, notice the language in the ad “No FEE Unless You Win.” It doesn’t say anything about whether the client will be responsible for the costs incurred in prosecuting the case. Many lawyers require clients to reimburse them for the costs incurred even if the case is eventually lost.

For more information about attorney fees and retainer agreements, order your free copy of A Consumer's Guide: Choosing a Personal Injury Lawyer in Wisconsin.