Fee Agreement – Contingency (Employment - Plaintiff)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Representation of Client in employment claims against [EMPLOYER NAME] involving [DISCRIMINATION/RETALIATION/WAGE & HOUR/OTHER].
2. Scope of Representation
The Firm will provide:
☐ Pre-suit investigation and advice
☐ Administrative charge (EEOC/state agency)
☐ Settlement negotiations and mediation
☐ Litigation in state or federal court (if authorized in writing)
Excluded unless agreed in writing: appeals, unemployment benefits, workers' compensation, class/collective actions, and unrelated matters.
3. Contingency Fee Terms
The Firm's fee is contingent upon recovery by settlement, judgment, or other resolution.
3.1 Fee Percentage Schedule
- Pre-suit resolution: [PERCENT]% of recovery
- After agency charge filed or litigation commenced: [PERCENT]% of recovery
- After trial begins or appeal filed: [PERCENT]% of recovery
3.2 Fee Base
Attorney fee is calculated on:
☐ Gross recovery (before costs are deducted)
☐ Net recovery (after costs are deducted, if permitted by law)
If there is no recovery, no attorney fee is owed.
3.3 Statutory or Contractual Attorney Fees
If law or contract permits recovery of attorney fees from the employer, the parties agree:
☐ Any attorney fee award is paid to the Firm and credited against the contingency fee owed by Client
☐ Any attorney fee award is paid to the Firm in addition to the contingency fee, subject to applicable law
☐ Any attorney fee award belongs to Client and is treated as part of the recovery
4. Costs and Expenses
The Firm may advance costs including filing fees, service of process, court reporters, deposition transcripts, expert fees, investigators, e-discovery vendors, and mediation fees.
If there is a recovery, costs will be reimbursed from the recovery as set forth in the settlement statement.
If there is no recovery, costs are:
☐ Client responsibility
☐ Waived by Firm
5. Administrative Deadlines and Cooperation
Client must provide timely information to meet agency deadlines and cooperate in preparing charges, responses, and interviews.
6. Client Responsibilities
Client agrees to:
- Provide complete and accurate information and documents.
- Preserve evidence and avoid deleting texts, emails, or files.
- Mitigate damages (e.g., reasonable job search if applicable).
- Avoid discussing the Matter on social media.
- Inform the Firm of any contact by the employer or its counsel.
7. Settlement Authority and Tax Matters
Client retains final authority to accept or reject any settlement. The Firm will communicate all offers promptly.
The Firm does not provide tax advice. Client should consult a tax advisor regarding any settlement allocation (e.g., wages, interest, penalties, or emotional distress).
8. Termination and Withdrawal
Client may terminate representation at any time. The Firm may withdraw as permitted by applicable rules and court orders. Upon termination, the Firm may assert a lien or claim for:
1) Costs advanced, and
2) The reasonable value of services (quantum meruit), payable from any recovery, if allowed by law.
9. Fee Dispute Resolution
Fee disputes will be submitted to any applicable bar fee dispute program before litigation, if required.
10. Governing Law and Venue
This Agreement is governed by the laws of [STATE], with venue in [COUNTY], [STATE], unless otherwise required.
11. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |