Fee Agreement – Contingency (Personal Injury)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Representation for bodily injury claims arising from [INCIDENT DATE] at [LOCATION] (the "Matter").
2. Scope of Representation
The Firm will investigate, negotiate, and, if authorized, litigate the Matter. The following are excluded unless added by written amendment:
☐ Property damage claims
☐ Workers' compensation claims
☐ Appeals or post-judgment enforcement
☐ Unrelated claims or 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 suit filed: [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/expenses are deducted)
☐ Net recovery (after costs/expenses are deducted, if permitted by law)
If there is no recovery, no attorney fee is owed.
4. Costs and Expenses
The Firm may advance costs including filing fees, service, medical records, expert fees, court reporters, deposition transcripts, investigators, travel, mediation, and exhibit preparation.
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. Medical Records, Liens, and Subrogation
Client authorizes the Firm to obtain medical records, bills, and lien statements and to communicate with providers and insurers regarding liens or subrogation. Client understands that lien repayment may reduce net recovery. The Firm will attempt to negotiate reductions where appropriate but does not guarantee any reduction.
6. Insurance and Benefits Coordination
Client agrees to cooperate in identifying and coordinating benefits, including:
- Health insurance, Medicare/Medicaid, ERISA plans
- Auto MedPay/PIP or similar benefits
- Disability or wage replacement benefits
7. Settlement Authority and Structured Settlements
Client retains final authority to accept or reject any settlement. The Firm will communicate all offers promptly and provide recommendations.
If a structured settlement is proposed:
☐ Client agrees to consider structured settlement options
☐ Client requires separate written approval for any structured settlement
8. Client Responsibilities
Client agrees to:
- Provide complete and accurate information.
- Follow medical advice and attend appointments.
- Preserve evidence and documents.
- Avoid direct contact with opposing parties or insurers without Firm approval.
- Notify the Firm promptly of any change in condition, address, or phone.
- Refrain from posting about the Matter on social media.
9. Trust Account and Disbursement
All recovery funds will be deposited in the Firm's trust account. The Firm will provide a written settlement statement showing:
1) Gross recovery
2) Costs and expenses
3) Attorney fee
4) Liens/medical bills
5) Client net recovery
10. 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 future recovery, if allowed by law.
11. Fee Dispute Resolution
Fee disputes will be submitted to the applicable state or local bar fee dispute program before court action, if required.
12. Governing Law and Venue
This Agreement is governed by the laws of [STATE]. Venue for disputes is [COUNTY], [STATE], unless otherwise required by law or bar rules.
13. Acknowledgements
Client acknowledges receipt of any required contingency fee disclosures and understands the right to seek independent counsel before signing.
14. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |