(1) "Contingent fee agreement" means an agreement for the provision of legal services by an attorney under which the compensation of the attorney is contingent, in whole or in part, upon a judgment being rendered in favor of or a settlement being obtained for the client and is either a fixed amount or an amount to be determined by a specified formula, including, but not limited to, a percentage of any judgment rendered in favor of or settlement obtained for the client.
(2) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim that is subject to sections 2307.71 to 2307.80 of the Revised Code, but does not include a civil action for damages for a breach of contract or another agreement between persons.
(B) If an attorney and a client contract for the provision of legal services in connection with a claim that is or may become the basis of a tort action and if the contract includes a contingent fee agreement, that agreement shall be reduced to writing and signed by the attorney and the client. The attorney shall provide a copy of the signed writing to the client.
(C) If an attorney represents a client in connection with a claim as described in division (B) of this section, if their contract for the provision of legal services includes a contingent fee agreement, and if the attorney becomes entitled to compensation under that agreement, the attorney shall prepare a signed closing statement and shall provide the client with that statement at the time of or prior to the receipt of compensation under that agreement. The closing statement shall specify the manner in which the compensation of the attorney was determined under that agreement, any costs and expenses deducted by the attorney from the judgment or settlement involved, any proposed division of the attorney's fees, costs, and expenses with referring or associated counsel, and any other information that the attorney considers appropriate.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1994–2024 · leading case: Wasniewski v. Grzelak-Johannsen, 549 F. Supp. 2d 965 (N.D. Ohio 2008).
Wasniewski v. Grzelak-Johannsen, 549 F. Supp. 2d 965 (N.D. Ohio 2008). · cites it 5ד2d 1577, 1583 (Fed. Cir.1991), and respondent stresses that there is no evidence of any such agreement.”
Friedland v. Djukic, 945 N.E.2d 1095 (Ohio Ct. App. 8th Dist. 2010). · cites it 4דAll contingent-fee agreements for tort actions must be reduced to writing according to R.C. 4705.15. Djukic now argues in his sixth assignment of error that the trial court erred in allowing Friedland’s case to go to the jury without proof of a written and signed contingent-fee…”
Reid, Johnson, Downes, Andrachik & Webster v. Lansberry, 629 N.E.2d 431 (Ohio 1994). · cites it 2ד” Given our decision in Fox and our holding today, one might logically ask, “What happened to what the Ohio Supreme Court said in Blount and what purpose does R.C. 4705.15 serve when the contract can be breached at will by a client?” The only logical answer is that the law of…”
Toledo Bar Assn. v. Hickman, 2005-Ohio-6513, 839 N.E.2d 24. · cites it 2דRespondent entered into a contingent-fee agreement with the Myrices; however, he failed to reduce the agreement to writing in accordance with R.C. 4705.15. {¶ 4} As preparation for a wrongful-death action, respondent opened the estate of Chad Myrice in the Lucas County Probate…”
Goldauskas v. Elyria Foundry Co., 763 N.E.2d 645 (Ohio Ct. App. 9th Dist. 2001). “Although questions as to its validity were raised during the proceedings below, no copy signed by any attorney at the Friedman firm was produced as is mandated by R.C. 4705.15. Further, some weight must be given to Domiano’s own quantification of the quantum meruit figure prior…”
Columbus Bar Ass'n v. Klos, 81 Ohio St. 3d 486 (1998). “” Analogously, we note that R.C. 4705.15(B) provides that contingent fee agreements for tort actions must be in writing.”
Off. of Disciplinary Couns. v. Treneff, 98 Ohio St. 3d 348 (2003). “Respondent accepted the case on a contingent-fee basis but did not reduce the agreement to writing as required by R.C. 4705.15(B). In August 1999, respondent advised the insurance carrier of his representation and provided some of his client’s medical bills.”
Golub v. Sharrad, 2024-Ohio-6037. “Mishler, 2010-Ohio-5987 , and R.C. 4705.15(B). In this case, the testator died on December 1, 2021.”
Columbus Bar Assn. v. Brooks, 87 Ohio St. 3d 344 (1999). · cites it 3דRoss, for relator, Columbus Bar Association. Walter G. Brooks, pro se. __________________ Per Curiam.”
Cincinnati Bar Ass'n v. Trainor, 791 N.E.2d 972 (Ohio 2003). “Respondent believes that his client signed a written contingent-fee contract, on a form he typically uses for personal-injury actions, as required by R.C. 4705.15(B). However, he could not find the client’s executed agreement, and she denied having signed such an agreement.”
Disciplinary Couns. v. Amaddio & Wargo (Slip Opinion), 2020-Ohio-141, 144 N.E.3d 418. “In addition, the alleged fee agreement was unenforceable as a matter of law because it was never reduced to a writing signed by the client and the attorneys as required by R.C. 4705.15(B) (requiring a contingent-fee agreement in connection with a claim that is or may become the…”
Reid, Johnson, Downes, Andrachik & Webster v. Lansberry, 68 Ohio St. 3d 570 (1994). · cites it 2ד" {¶ 44} Given our decision in Fox and our holding today, one might logically ask, "What happened to what the Ohio Supreme Court said in Blount and what purpose does R.C. 4705.15 serve when the contract can be breached at will by a client?" The only logical answer is that the…”
Wasniewski v. Grzelak-Johannsen, 549 F. Supp. 2d 965 (N.D. Ohio 2008). “2d 1577, 1583 (Fed. Cir.1991), and respondent stresses that there is no evidence of any such agreement.”
Reid, Johnson, Downes, Andrachik & Webster v. Lansberry, 629 N.E.2d 431 (Ohio 1994). “” Given our decision in Fox and our holding today, one might logically ask, “What happened to what the Ohio Supreme Court said in Blount and what purpose does R.C. 4705.15 serve when the contract can be breached at will by a client?” The only logical answer is that the law of…”
Columbus Bar Ass'n v. Klos, 81 Ohio St. 3d 486 (1998). “” Analogously, we note that R.C. 4705.15(B) provides that contingent fee agreements for tort actions must be in writing.”
Off. of Disciplinary Couns. v. Treneff, 98 Ohio St. 3d 348 (2003). “Respondent accepted the case on a contingent-fee basis but did not reduce the agreement to writing as required by R.C. 4705.15(B). In August 1999, respondent advised the insurance carrier of his representation and provided some of his client’s medical bills.”
Golub v. Sharrad, 2024-Ohio-6037. “Mishler, 2010-Ohio-5987 , and R.C. 4705.15(B). In this case, the testator died on December 1, 2021.”
Ohio Rev. Code § 4705.15(C): 2 cases
Columbus Bar Assn. v. Brooks, 87 Ohio St. 3d 344 (1999). “Ross, for relator, Columbus Bar Association. Walter G. Brooks, pro se. __________________ Per Curiam.”
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