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.
The general reasonableness standard
Nebraska's attorney conduct rules set the baseline: a lawyer's fee must be reasonable, measured against factors including the time and labor required, the fee customarily charged locally for similar work, and whether the fee is fixed or contingent. A contingent fee agreement must be in writing, signed by the client, and must explain how the fee and expenses are calculated.
A real ethics opinion on pressuring settlement decisions
A Nebraska ethics advisory opinion specifically addressed a fee clause that would have let the attorney charge a higher, hourly-based fee if the client settled a case without the attorney's approval, rather than the lower contingency rate. The committee found this improper — a fee structure can't effectively hand the attorney a say over whether the client accepts a settlement by financially penalizing the client for disagreeing.
Medical malpractice adds a real extra step
For medical malpractice claims under the Nebraska Hospital-Medical Liability Act, the contingent fee arrangement itself requires actual court approval — a genuine procedural check that goes beyond the general reasonableness standard applied to ordinary personal injury fees.
No specific percentage written into law
Beyond these requirements, Nebraska sets no specific percentage ceiling for an ordinary personal injury contingency fee. The rate is negotiated privately between attorney and client, commonly ranging from 33.3% to 40% of the total recovery.