“No fee unless we win” means the attorney’s fee is contingent: if there is no recovery, you owe no attorney’s fee. In Texas, it does not automatically mean you owe nothing at all. Case expenses, medical bills and liens are separate questions, and only your signed agreement settles them. Ask for that language in writing.
The Promise Is About One Thing: the Lawyer’s Fee
A contingency fee is the lawyer’s compensation, and if the case produces nothing, the lawyer earns nothing. That is a real promise and it is the reason a person with no money can hire a good injury lawyer in Texas.
What the phrase does not say is anything about the other money in a case. Building a claim costs money that goes to people who are not your lawyer: the court clerk, the court reporter, the records company, the experts, and possibly others. Those are case expenses and they are governed by a different paragraph of the same contract.
What Counts as a “Win”
In almost every contingency fee agreement, a win means a recovery, not a courtroom victory. A settlement negotiated before a lawsuit is ever filed triggers the fee exactly the same way a jury verdict does. Roughly speaking, if money comes in, the fee applies.
The reverse also matters. A defense verdict, or a decision to close the file because the defendant has no insurance and no assets are all outcomes where no fee is owed, as is a case where the firm investigates and declines to take the case after review.
One in-between case is worth asking about: a recovery that is small enough that the fee and expenses would consume most of it. A good firm will tell you honestly when a claim is not worth pursuing rather than running it to a number that leaves you nothing.
What the Phrase Does Not Cover
Your medical bills are not part of the promise. Doctors and hospitals are owed for treatment whether the claim succeeds or not, and a letter of protection defers payment rather than cancels it. If your case ends with no recovery, those balances are still yours, although many providers will negotiate.
Health plan and workers’ compensation repayment rights are also separate. When a workers’ comp carrier has paid benefits, it holds a lien on a third-party recovery under Texas Labor Code §417.001 et seq., reduced by attorney’s fees under §417.003. No contingency fee agreement changes that.
And, a contingency fee agreement usually covers one matter, not all of them. If you were issued a citation at the scene, a separate property damage dispute, or a disability claim may fall outside the contract entirely.
- Case expenses advanced by the firm, depending on the contingency fee agreement
- Medical bills owed to your treating providers
- Health insurance subrogation and workers’ compensation liens
- Legal matters outside the scope described in the contract
- Anything a prior law firm claims for work already done
Six Things to Ask a Firm to Put in Writing
None of these are unusual requests, and a firm that answers them clearly on the first visit is telling you how it will communicate while it is handling your claim. Take the list with you.
If the answer is only spoken, it is not a term of your contingency fee agreement. Ask for the signed copy before you leave and read the expense paragraph as carefully as the fee paragraph.
- The exact percentage, and every stage at which it changes.
- Whether the fee is calculated on the gross recovery or after expenses are deducted.
- Who pays advanced case expenses if there is no recovery at all.
- Whether the firm charges interest on expenses it advances.
- Who has final authority to accept or reject a settlement offer. That should be you.
- What happens to the fee if you change firms part way through the case.
The Promise Does Not Excuse How You Were Signed Up
Texas treats improper solicitation seriously. Under Government Code §82.0651, a client who was solicited illegally may void the contract, recover fees paid, and recover a $10,000 penalty among other damages.
That matters here because the most aggressive “no fee” marketing sometimes arrives through a phone call or a hospital-room visit days after a crash from someone you never contacted. The fee promise on the flyer is not the point. How the flyer reached you is.
You always have the right to take a contract home, read it, and have someone else read it. Nobody legitimate needs your signature today.
Ask the Question Directly
The cleanest way to test the phrase is to ask the firm one sentence: if we recover nothing, what will I owe, and to whom? A firm that answers with a number and a paragraph reference is being straight with you. A firm that changes the subject has answered anyway.
Jim Ross Law Group offers a free consultation at 817-275-4100, at the Arlington office or by phone, and there is no fee unless we win.
Frequently Asked Questions
If my case is dismissed without a settlement or a jury verdict in my favor, do I owe my lawyer anything?
You owe no attorney’s fee, because there was no recovery. Whether you owe advanced case expenses depends entirely on your written agreement, which is why that paragraph matters more than the slogan. Ask before signing which way your contract reads. Medical bills you incurred for treatment remain your responsibility regardless of how the claim ended.
Does "win" mean a jury verdict, or does a settlement count?
A settlement counts. In standard contingency agreements the fee is triggered by a recovery of money, whether that money comes from a pre-suit settlement, a settlement on the courthouse steps, or a judgment after trial. Most Texas injury cases resolve without a trial, so the settlement path is the normal one, not the exception.
What happens to the fee if I fire my lawyer in the middle of the case?
You can change lawyers at any time but, the former firm may assert a claim for the value of the work it already performed, paid out of the same recovery rather than out of your pocket. Get written confirmation from the new firm that you will not pay two full contingency fees and ask how the two firms will divide the single fee.
Can a law firm raise the percentage after I have signed?
Not unilaterally. The percentage is a contractual term, and changing it requires a new written fee agreement that you sign. What can happen, and often does, is that the agreement itself already contains a step-up: a higher percentage that takes effect automatically once a lawsuit is filed or the case is set for trial. That is not a change; that is the original deal.
A firm called me two days after my crash. Is that allowed in Texas?
Direct solicitation of accident victims is prohibited and Texas Government Code §82.0651 gives the person solicited a remedy. Someone who signed a contract after illegal solicitation may void it and recover a $10,000 penalty; If a stranger contacted you first about your wreck, write down who called, when, and how they got your information.
Should the contingency fee agreement be in writing?
Always insist on it, and always keep a signed copy. A verbal understanding about percentages, expenses, or “step-ups” give you nothing to point to later. A written agreement lets you check every promise on this page against a specific paragraph, and a firm that hesitates to hand you the document before you sign, has answered a different question.
If we lose, what happens to the medical bills I already ran up?
They remain owed to the providers. Treatment provided under a letter of protection is deferred, not forgiven, and health insurance rules still apply to whatever it paid. Many providers will negotiate a reduced balance when a claim fails, and your lawyer can often help with those conversations even though the case itself has ended.
Is "no fee unless we win" different from "no win, no fee"?
No. They describe the same contingency fee arrangement in different words, and neither phrase has a legal definition that binds a firm beyond what its own contract says. Judge the arrangement by the paragraph in the agreement, not by the phrase on the billboard. Two firms using identical slogans can have materially different expense terms.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.