Paying a lawyer by the hour is hard when you are hurt and out of work, and an injury claim does not have to be handled that way. Montana allows a lawyer to be paid a contingent fee in a civil case, which means the fee depends on the outcome and usually comes out of what is recovered. What a lawyer costs you then comes down to two things in a signed agreement: the percentage, and how the case costs are handled. This page explains both, and what Montana's rules say the agreement must tell you. It is part of the Decide section of our Montana Injury Claim Guide.
What a Contingent Fee Is
Rule 1.5(c) of the Montana Rules of Professional Conduct says a fee may be contingent on the outcome of the matter, except where a contingent fee is prohibited. Rule 1.8(i)(2) adds that a lawyer may contract with a client for a reasonable contingent fee in a civil case. An injury claim is a civil case, so a contingent fee is available.
That is not true everywhere in law. Rule 1.5(d) bars a contingent fee for defending someone in a criminal case, and in a domestic relations matter it bars a fee that depends on securing a divorce or on the amount of maintenance, support, or a property settlement.
What Montana Requires the Agreement to Say
Rule 1.5(c) is specific. A contingent fee agreement must be in writing, signed by you, and it must cover the points below. Separately, Rule 1.5(b) requires the scope of the work and the basis of the fee and expenses to be communicated in writing, and any later change in the basis or rate must be put in writing too.
| Term | What the agreement must say | Source |
|---|---|---|
| How the fee is figured | The method, including the percentage or percentages the lawyer receives if the case settles, goes to trial, or is appealed. | Rule 1.5(c) |
| Which expenses come out of the recovery | The litigation and other expenses to be deducted from what is recovered. | Rule 1.5(c) |
| Before or after | Whether those expenses are deducted before or after the percentage is calculated. | Rule 1.5(c) |
| What you owe if you lose | A clear notice of any expenses you will be liable for whether or not you are the prevailing party. | Rule 1.5(c) |
| Signed by you | The agreement must be in a writing signed by the client. | Rule 1.5(c) |
| An accounting at the end | When the matter ends, a written statement of the outcome and, if there is a recovery, what you receive and how it was calculated. | Rule 1.5(c) |
The Fee and the Case Costs Are Different Things
The fee pays the lawyer for the work. Case costs are the expenses of pursuing the claim: court filing fees, copies of medical and police records, deposition transcripts, and the charges of doctors or other witnesses who explain the injury or the crash. In a claim that settles early these may be small. In a claim that goes to suit they can be significant.
Rule 1.8(e)(1) lets a lawyer advance court costs and litigation expenses, and it lets repayment of them depend on the outcome. Whether your lawyer does that is a term of your agreement, not something the rule decides for you. That is why Rule 1.5(c) requires the agreement to clearly notify you of any expenses you will owe whether or not you are the prevailing party. If that sentence is missing or unclear, ask before you sign.
Before or After: Why the Order Matters
The agreement must also say whether costs come out before or after the percentage is calculated. The order changes what you keep. If costs are deducted first, the percentage applies to a smaller amount, so the fee is smaller and more of the recovery reaches you. If costs are deducted after, the percentage applies to the whole recovery and the costs then come out of your share. Rule 1.5(c) does not pick an order for you; it requires the agreement to say which one applies.
Your share may also have to cover medical bills that are still owed. A Montana health care provider who treated you for an injury caused by someone else can claim a lien on the settlement money once it gives the required notice (MCA § 71-3-1114). Our article on who pays your medical bills while the claim is open covers liens and reimbursement.
Is the Percentage Set by Law?
Rule 1.5 does not set a percentage. It says a lawyer may not charge an unreasonable fee or an unreasonable amount for expenses, and it lists the factors that decide what is reasonable, including the time and labor required, the difficulty of the questions involved, the fee customarily charged in the locality for similar work, the amount involved and the results obtained, and whether the fee is fixed or contingent. Rule 1.5(c) also allows a contingent fee only where it is not prohibited by the rules "or other law," so ask whether any other limit applies to your kind of claim.
Because the agreement can state different percentages for settlement, trial, or appeal, ask what happens to the percentage at each stage, and when a stage is considered to have started.
How to Read a "No Fee Unless We Recover" Ad
Under Rule 7.1(k), an ad that says legal services are available on a contingent or no-recovery, no-fee basis is misleading if it does not also state conspicuously that the client may be responsible for costs or expenses, if that is the case. "No fee" is a statement about the lawyer's fee. It is not a promise that you will owe nothing, so look for the costs sentence. Our article on how to choose an injury lawyer covers the other ad rules.
How A&M Law Charges for Injury Cases
A&M Law takes personal injury cases on a contingency fee, so there is no attorney's fee unless we recover for you. Case costs are separate, and Montana's rules require the signed agreement to say which costs, if any, you would owe even if there is no recovery. The percentage and the cost terms are in the written agreement you sign, and you can ask us about them before you decide anything. You can read what clients say about working with us on our client reviews page.
Next, take the fee questions to your first meeting. Our list of questions to ask an injury lawyer starts with the money and covers who will do the work, how you will hear from them, and who decides whether to settle.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Professional Conduct. It is not legal advice about your situation.