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 North Dakota Rules of Professional Conduct sets the baseline: a lawyer's fee must be reasonable, measured against factors including the fee customarily charged locally for similar work, the attorney's experience and ability, and whether the fee is fixed or contingent.
A written agreement is required
A North Dakota contingent fee agreement must be in writing and explicitly state how the fee is determined, including the percentage the attorney will be paid from any settlement, award, or appeal. This disclosure requirement is part of what Rule 1.5 is designed to ensure — a client understands the fee structure before agreeing to it.
A genuinely different rule for workers' compensation
N.D.C.C. § 65-02-08 caps attorney fees in workers' compensation cases at 20% of the amount awarded, subject to a maximum fee set by administrative rule. This statutory cap is a separate legal framework entirely from Rule 1.5 and doesn't apply to ordinary personal injury contingency fees.
No specific percentage written into law for personal injury
Beyond the reasonableness requirement, North Dakota sets no specific percentage ceiling for a personal injury contingency fee. The rate is negotiated privately between attorney and client, with one-third of the recovery being a commonly used figure in practice.