Short Answer

No. In North Carolina, a lawyer can review your accident documents and discuss whether you may have a personal injury claim without you signing a contingency fee agreement first. However, many firms will ask you to sign an agreement (or a limited “review-only” engagement) before they do deeper work like ordering records, contacting insurers, or opening a file, because they need clear permission about scope, fees, and costs.

Understanding the Problem

In North Carolina, you are asking whether you must sign a contingency fee agreement before a personal injury lawyer will review your accident documents and tell you if you have a case, especially where you have not yet provided documents or received a clear evaluation. This question matters because signing an agreement can create an attorney-client relationship and can also spell out who pays case expenses, what happens if you change your mind, and whether the lawyer gets paid only if there is a recovery.

Apply the Law

North Carolina law does not require you to sign a contingency fee agreement just to have an initial conversation or a preliminary review of documents. But once a lawyer agrees to represent you in a personal injury matter on a contingency basis, North Carolina’s ethics rules generally require the contingent fee arrangement to be in writing and signed by the client, and it must explain how the fee is calculated and how case expenses are handled. In practice, many firms will not do work that could be viewed as “representation” (like contacting the insurance adjuster on your behalf) until the fee agreement is signed.

Key Requirements

• Clear scope of what the lawyer is doing: A firm can do a quick screening without a signed fee contract, but deeper work often requires a written agreement so everyone understands whether the lawyer is only “reviewing” or actually “representing.”
• Written, signed contingent fee terms once representation begins: If the lawyer is taking the case on contingency, the agreement should be in writing and signed, and it should explain the percentage (or other method) and when it applies.
• Costs and expenses must be addressed: Personal injury cases often involve out-of-pocket expenses (records, filing fees, experts). The agreement should explain whether the firm advances those costs and whether you must repay them if there is no recovery.
• No upfront attorney fee is typical, but confirm it: Many contingency arrangements do not require an upfront attorney fee, but you should confirm whether any consultation fee, investigation fee, or record-ordering fee applies.
• Flat-fee options change the risk: A flat fee usually means you pay a set amount for a defined task (for example, a document review, demand package, or limited negotiation), regardless of outcome, and it should clearly define what is included and what is not.

What the Statutes Say

• N.C. Gen. Stat. § 84-38 (Solicitation of retainer or contract for legal services prohibited; division of fees) - Regulates improper solicitation and certain fee-splitting arrangements; it does not require you to sign a contingency agreement before a document review.
• N.C. Gen. Stat. § 114-9.5 (Contingency fees for certain State agency contracts) - Sets limits for contingency fee contracts involving State agencies; it is not the usual rule for private personal injury clients but shows that contingency arrangements can be regulated in specific contexts.

Analysis

Apply the Rule to the Facts: You have a recent accident and you contacted a firm, but you have not yet provided documents or received a clear evaluation. Under North Carolina practice norms, you generally do not have to sign a contingency fee agreement just to let a lawyer look at what you have and give a preliminary view. But if the firm is going to do more than a quick screen—like requesting records, contacting an insurer, or giving advice tailored to your situation—it is common for the firm to require a signed agreement first so the fee, costs, and scope are clearly defined.

Process & Timing

1. Who files: No one files anything just to get a preliminary review. Where: Directly with the law firm. What: Usually an intake questionnaire plus either (a) no agreement for a brief screening, (b) a limited-scope “review/consultation” agreement, or (c) a full contingency fee agreement for representation. When: As soon as possible after the incident, especially if evidence or records could be lost.
2. Document review and screening: The firm typically reviews what you already have (photos, crash report, incident report, medical bills/records you possess) and asks questions about fault, injuries, and insurance. If the firm needs to order records or speak for you, it will usually require a signed agreement and authorizations.
3. Decision point: If the firm accepts the case, you sign the contingency fee agreement (and related forms) and the firm begins representation. If the firm declines, you should ask about any deadlines you need to watch and request your documents back.

Exceptions & Pitfalls

• “We can’t talk until you sign” may be a firm policy, not a legal requirement: Some firms choose not to review documents without a signed agreement to avoid confusion about whether they represent you.
• Signing can create obligations you did not expect: Read whether the agreement says you owe costs/expenses even if there is no recovery, and whether you may owe a fee if you end the relationship after work is done.
• Costs vs. fees confusion: A contingency fee is the attorney’s compensation (often a percentage of recovery). Case expenses are separate. Many clients are surprised that “no fee unless you win” may still allow repayment of costs from any recovery, and sometimes from the client depending on the contract.
• Flat-fee misunderstandings: A flat fee can be legitimate, but it must clearly define the task. A flat fee for “review only” is different from full representation through settlement or trial.
• Relying on informal advice: If you do not sign anything, be careful about assuming the lawyer is “your lawyer.” Until representation is confirmed, you should treat the conversation as preliminary and keep track of deadlines yourself.

Conclusion

In North Carolina, you generally do not have to sign a contingency fee agreement just to have a lawyer review your accident documents and give a preliminary opinion about whether you may have a personal injury case. But a firm may require a signed agreement before it does work that amounts to representation, such as ordering records or communicating with an insurer for you. Next step: ask the firm to explain, in writing, whether they are offering a limited document review or full contingency representation before you sign anything.

Talk to a Personal Injury Attorney

If you’re dealing with an accident claim and you were sent a contingency fee agreement before you’ve gotten a clear case evaluation, our firm has experienced attorneys who can help you understand your options and timelines. Call CONTACT NUMBER to talk about next steps.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.