(e) after the Agency has made the decision subsection (b) and selected a private lawyer, but before the Agency and the lawyer enter into a contract for the provision of services on the basis of a fee for success, the Inspector General must establish in writing that the conclusion of the contract would not be contrary to the code of ethics or contrary to any law or agency conflict of interest rule. An agency may not enter into a contract for a fee of success with a private lawyer unless the Inspector General has made a written decision under this subdivision. 6. Is the withholding refundable if agreed? If not, ask yourself why not. Our position is that retainers should be charged to contingency gains if cases are resolved.