The core promise: no recovery, no fee
A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case.
What Rule 1.5 actually requires
Rule 1.5 of the Minnesota Rules of Professional Conduct sets the baseline: a lawyer's fee must be reasonable. The rule lists factors drawn from essentially the same Lodestar tradition used across much of the country — the time and labor required, the novelty and difficulty of the issues, the fee customarily charged locally for similar work, the attorney's experience and reputation, and whether the fee is fixed or contingent, among others.
A written agreement is mandatory
Rule 1.5(c) requires a contingent fee agreement to be in writing, stating how the fee will be calculated, and giving the client a signed copy. This isn't a formality unique to Minnesota, but it's worth confirming has actually happened before treating any contingency arrangement as settled.
Fee-splitting between attorneys has its own rules
When a case is referred or handled jointly between attorneys, Rule 1.5(e) requires the client to be told specifically what share of the fee each attorney will receive, and the combined total fee still has to meet the ordinary Rule 1.5(a) reasonableness standard — splitting a fee between lawyers doesn't let the total exceed what would be reasonable for one.
No specific percentage written into law
Beyond these procedural and ethical requirements, Minnesota sets no specific percentage ceiling for a personal injury or medical malpractice contingency fee. The rate is negotiated privately between attorney and client, commonly landing between 33.3% and 40% of the total recovery.