The process of negotiating and completing a written agreement helps to insure that the parties fully understand and completely agree upon all material terms. After the agreement is signed, the parties may refer to the agreement in case disputes arise. Each is better able to enforce their respective rights and obligations. For these same reasons, lawyers and their clients should have written agreements. The Model Professional Rules of Conduct for the legal profession recommend that new clients be advised, preferably in writing, about the basis or rate of legal fees within a reasonable time after the law firm begins work.
Many states have more stringent requirements.
For example, the state of New Jersey requires that the basis or rate of the fee be put in writing and, if the services are for personal, family or household purposes, the agreement be written in plain language. HOW Despite the fact that a written agreement is always preferred, many attorneys do not use them with their new clients. The subject may be uncomfortable for the lawyer, and clients often hesitate to bring it up. If your attorney does not suggest a written agreement, you should. You need not accept the lawyer s proposed agreement.