North Dakota: Case Costs vs. Attorney Fees Explained

Two deductions, two very different purposes — and North Dakota's written-agreement requirement is exactly why worth getting both spelled out clearly.

The attorney's fee: compensation for the work

The contingency fee is the attorney's own compensation for handling the case — calculated as a percentage of the settlement or award. It's earnings, not a reimbursement, and it's what the attorney keeps for taking on the risk and the work of the case.

Case costs: real expenses the case required

Case costs are something entirely different: actual out-of-pocket expenses the case genuinely needed. This typically includes expert witness fees, court filing fees, the cost of obtaining medical records, deposition transcripts, and similar litigation expenses. These are reimbursed, not earned.

Why the written agreement requirement matters here

North Dakota requires a contingent fee agreement to be in writing and to explicitly state how the fee is determined, including the percentage the attorney will be paid. That requirement focuses on the fee itself — it's worth separately confirming, in the same written agreement, exactly how case costs will be handled: whether they're deducted before or after the fee percentage is calculated, and what happens to advanced costs if there's no recovery at all.

The order of deductions can change what's left

Whether costs come off the top before the fee percentage is applied, or whether the fee is calculated on the full gross amount with costs deducted separately afterward, can meaningfully change the final net amount. This is a detail worth asking about directly rather than assuming, since fee agreements handle it differently.

Who fronts the money while the case is pending

Commonly, the attorney's office advances case costs as the litigation proceeds, with reimbursement coming out of the eventual settlement or award. The specific arrangement, including what happens if the case doesn't result in any recovery, depends entirely on the individual fee agreement.

Case costs vs. attorney fees — frequently asked questions

What's the real difference between case costs and an attorney's fee in North Dakota?

The fee is the attorney's own compensation for handling the case, calculated as a percentage of the recovery. Case costs are actual out-of-pocket expenses the case required — they're reimbursed, not earned.

What typically counts as a case cost in a North Dakota personal injury claim?

Expert witness fees, court filing fees, the cost of obtaining medical records, deposition transcripts, and similar litigation expenses the attorney's office pays on the client's behalf while the case is pending.

Does North Dakota require the fee agreement to spell out how costs are handled?

The contingent fee agreement itself must be in writing and explain how the fee is determined — which is exactly why it's worth confirming whether costs are also addressed explicitly, since the fee-determination requirement doesn't automatically cover cost handling.

Does a client ever pay case costs if there's no recovery in North Dakota?

This depends entirely on the specific fee agreement — some arrangements have the attorney absorb costs if there's no recovery, while others may require reimbursement regardless of outcome, so the agreement's language matters.

Who fronts case costs while a North Dakota personal injury case is ongoing?

Commonly, the attorney's office advances these costs during the case, with reimbursement coming out of the eventual settlement or award — though the specific arrangement depends on the individual fee agreement.

This page provides general guidance only and is not legal advice. Figures are based on North Dakota Rule 1.5, verified per our methodology. Confirm the exact terms of a specific fee agreement with a licensed North Dakota attorney before acting.