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even though it may be best practice to have written fee agreements with clients the model rules do not require a written fee agreement for every representation model rule 1.5 b says that fixed fee arrangements or those that charge a some certain or an hourly rate should be communicated to the client preferably in writing contingent fees are a different matter though and are required to be reduced to writing model rule 1.5 b says that contingent fee arrangements which are those arrangements where the lawyers rate is dependent on the outcome of the matter must be in a writing that is signed by the client and that explains how the fee is determined this includes the percentage that the lawyer is due in the event of settlement trial or appeal whether litigation or other expenses will be deducted from the clients settlement or recovery and whether the expenses are deducted before or after the contingent fee is calculated then at the conclusion of a contingent fee matter lawyers should pro