Fee Agreement – Contingency Representation - Free Editor
Fee Agreement – Contingency Representation
1. Parties and Matter
- Law Firm: [Firm Name], [Address].
- Client: [Client Name], [Address].
- Matter Description: [Describe claim/potential litigation].
2. Contingent Fee Terms
- Attorney fee contingent upon recovery by settlement, judgment, or alternative resolution.
- Fee percentages:
- [Percentage]% of gross recovery if resolved before filing lawsuit.
- [Percentage]% if resolved after filing but before trial.
- [Percentage]% if resolved after trial commencement, on appeal, or after remand.
- Attorney fee calculated on gross recovery before deduction of costs unless prohibited; specify alternative if applicable.
3. Costs and Expenses
- Costs advanced by firm include: filing fees, service of process, deposition expenses, expert witness fees, travel, mediation, medical records, investigators, technology, exhibits, and other litigation expenses.
- Client responsible for reimbursing costs from recovery; if no recovery, client remains liable for costs unless otherwise stated: [Choose: client owes costs regardless / costs waived].
- Client authorizes firm to deduct costs from recovery prior to disbursement.
4. Client Cooperation
- Provide factual information, documents, witness contact information, and respond to attorney requests promptly.
- Attend medical appointments, depositions, and hearings as required.
- Refrain from negotiating directly with opposing parties or insurers without attorney consent.
5. Settlement Authority
- Client retains final authority over settlement decisions.
- Attorney will present all offers promptly and provide evaluation; acceptance requires written client approval.
6. Trust Account Procedures
- All recovery funds deposited into attorney trust account.
- Disbursement statement to itemize gross recovery, attorney fee, costs, liens, and client net share.
7. Lien and Subrogation Matters
- Client authorizes firm to resolve medical liens, Medicare/Medicaid interests, and insurance subrogation claims.
- Firm may hire lien resolution vendors at client expense when necessary.
8. Termination
- Client may terminate representation at any time; firm entitled to reimbursement of costs and quantum meruit fee payable from any subsequent recovery.
- Firm may withdraw for good cause (noncooperation, misrepresentation, or ethical conflicts) subject to court approval if litigation filed.
9. Arbitration/Fee Disputes
- Any dispute regarding attorney fees submitted to [State/County Bar Fee Arbitration Program] before litigation or binding arbitration as required by law.
10. Governing Law and Venue
- Agreement governed by laws of [State]; venue for disputes is [County], [State].
11. Acknowledgements
- Client acknowledges receiving written contingency fee disclosure, understands right to seek independent counsel, and consents to attorney association with co-counsel (subject to client approval of fee division).
12. Signatures
| Party | Signature | Date |
|---|---|---|
| [Client Name] | ________ | ____ |
| [Attorney Name], [Firm Name] | ________ | ____ |
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