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 Prof.Cond.R. 1.5 actually requires
Prof.Cond.R. 1.5 of the Ohio 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 real opinion on hourly-to-contingent conversions
A 2024 Ohio disciplinary board opinion addressed a specific structure: a fee agreement that lets the attorney switch from a contingency percentage to hourly billing if the case settles early or the client discharges the attorney. The board found this improper — it lets the lawyer collect a higher fee without bearing the risk that justifies a contingent fee in the first place, and it can interfere with the client's own authority to decide whether to settle.
A real opinion on charging liens
A separate 2023 opinion examined whether an attorney can place a charging lien based on the highest settlement offer received before being discharged. The board concluded this structure can unreasonably burden the client's right to discharge counsel and, in some circumstances, produce an excessive fee — again applying the same underlying reasonableness standard rather than a fixed number.
Co-counseling and fee division
When more than one firm works on an Ohio personal injury case, Rule of Professional Conduct 1.5(E) governs how the fee is divided between them. That division should be outlined clearly in the written contingency fee agreement given to the client, so there's no confusion about how the total fee is split.