Fee Agreement – Contingency (Estate/Probate Recovery)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Recovery of assets or claims in [ESTATE/TRUST/PROBATE MATTER].
2. Scope of Representation
The Firm will represent Client in litigation or negotiation to recover assets or enforce rights in the estate or trust identified above. This agreement does not cover drafting or updating estate planning documents.
3. Contingency Fee Terms
The Firm's fee is contingent upon recovery by settlement, judgment, or other resolution.
- Fee percentage: [PERCENT]% of the recovery.
If there is no recovery, no attorney fee is owed. Client remains responsible for costs as described below unless prohibited by law.
4. Costs and Expenses
The Firm may advance costs such as filing fees, service of process, court reporters, experts, and travel. Costs will be reimbursed from recovery. If there is no recovery:
☐ Client is responsible for costs advanced
☐ Firm waives costs advanced
5. Settlement Authority
Client retains final authority over settlement decisions. The Firm will not accept settlement without Client's written approval.
6. Termination
Client may terminate at any time. The Firm may withdraw as permitted by applicable rules and court orders. The Firm may be entitled to costs advanced and any fee rights permitted by law.
7. Fee Dispute Resolution
Fee disputes will be submitted to any required bar fee dispute program prior to court action.
8. Governing Law and Venue
This Agreement is governed by the laws of [STATE], venue in [COUNTY], [STATE].
9. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |