ENGAGEMENT LETTER - PERSONAL INJURY (CONTINGENCY)
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[DATE]
[CLIENT NAME]
[CLIENT ADDRESS]
Re: Engagement for Personal Injury Matter - [INCIDENT DATE] at [LOCATION]
Dear [CLIENT NAME]:
Thank you for choosing [LAW FIRM NAME] (the "Firm"). This letter confirms the scope of our engagement and summarizes key terms of representation for your personal injury matter (the "Matter").
1. Scope of Representation
The Firm will represent you in connection with claims for bodily injury and related damages arising from the incident described above, including investigation, pre-suit negotiations, and, if authorized, litigation.
Excluded unless specifically agreed in writing:
☐ Property damage claims
☐ Workers' compensation claims
☐ Criminal or traffic matters
☐ Appeals, post-judgment enforcement, or bankruptcy proceedings
☐ Claims unrelated to the incident
2. Contingency Fee Arrangement
Your fees are contingent upon recovery by settlement or judgment. The contingency fee will be as set forth in the attached Contingency Fee Agreement (the "Fee Agreement"), which is incorporated by reference.
Fee percentage schedule (if not in Fee Agreement):
- Pre-suit resolution: [PERCENT]%
- After suit filed: [PERCENT]%
- After notice of appeal or retrial: [PERCENT]%
If there is no recovery, you owe no attorney fee. You remain responsible for costs and expenses as described below, unless prohibited by applicable law.
3. Costs and Expenses
The Firm may advance litigation expenses, including filing fees, medical records, expert fees, court reporters, investigators, travel, and mediation costs. Unless prohibited by law, these costs are reimbursed from any recovery before calculating the attorney fee. If no recovery is obtained:
☐ Client is responsible for costs advanced
☐ Firm waives costs advanced
4. Medical Records, Liens, and Subrogation
You authorize the Firm to obtain medical records, bills, and lien statements. You agree to cooperate with lien resolution (medical providers, health insurers, Medicare/Medicaid, ERISA plans, workers' compensation) and understand that liens may reduce net recovery.
5. Settlement Authority
You retain the right to decide whether to accept any settlement. The Firm will not accept a settlement without your written approval.
6. Client Responsibilities
You agree to:
- Provide complete and accurate information.
- Keep the Firm informed of treatment, changes in condition, and new providers.
- Preserve evidence, including photos, records, and communications.
- Avoid discussing the Matter on social media.
- Notify the Firm promptly of any contact from insurers, opposing parties, or investigators.
7. Communications
We will communicate by [EMAIL/PORTAL/MAIL]. You consent to electronic communications, subject to confidentiality risks. Text messaging is used only for scheduling unless you request otherwise.
8. No Guarantee
The Firm makes no promises regarding the outcome of your Matter. Results depend on facts, evidence, and the law.
9. Termination
You may terminate the Firm at any time. The Firm may withdraw as permitted by applicable ethical rules and court orders. Upon termination, the Firm may have a right to recover fees and costs from any future recovery, as allowed by law and the Fee Agreement.
10. File Retention
The Firm will retain your file for [NUMBER] years after the Matter concludes, after which it may be destroyed consistent with firm policy and applicable rules.
11. Dispute Resolution
Fee disputes may be subject to mandatory bar-sponsored arbitration/mediation. Any additional dispute resolution provisions are set forth in the Fee Agreement, if applicable.
12. Acknowledgment and Acceptance
Please sign below to confirm your agreement to the terms of this engagement letter and the attached Fee Agreement.
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Agreed and accepted:
______________________________ ______________________________
[CLIENT NAME] [ATTORNEY NAME], [LAW FIRM]
Date: ________________________ Date: ________________________
Enclosures: Contingency Fee Agreement; Required State Disclosures