Fee Agreement – Flat Fee (Employment - Defense)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Limited-scope employment defense services regarding claims by [CLAIMANT NAME].
2. Scope of Flat Fee Services
The flat fee covers only the services listed below:
☐ Initial case assessment and strategy memorandum
☐ Response to demand letter or pre-suit negotiations
☐ Drafting and submission of an EEOC/state agency position statement
☐ Internal investigation interviews (up to [NUMBER])
☐ Mediation preparation and attendance (one session)
☐ Review and revision of severance or settlement agreement
Services not listed are excluded and require a separate agreement.
3. Flat Fee Amount and Payment Schedule
- Total flat fee: $[AMOUNT].
- Payment terms:
- $[DEPOSIT] due upon signing.
- $[BALANCE] due upon [MILESTONE].
Flat fee is: ☐ earned upon receipt ☐ deposited into trust and earned as milestones are completed.
4. Costs and Expenses
Client is responsible for third-party costs, including:
- Administrative filing fees (if any)
- Copying, postage, and courier charges
- Mediator or conference fees
- Expert or investigator fees (if authorized in writing)
5. No Litigation Included
This agreement does not include filing suit, discovery, or trial. If litigation becomes necessary, a separate written agreement will be required.
6. Client Responsibilities
Client agrees to provide complete information, respond promptly to requests, preserve evidence, and implement litigation holds as needed.
7. Termination
Client may terminate at any time. The Firm will refund any unearned portion of the flat fee, if applicable, minus the reasonable value of work performed and costs incurred, consistent with state rules.
8. Dispute Resolution and Governing Law
Fee disputes will be submitted to any required bar fee dispute program prior to litigation. This Agreement is governed by the laws of [STATE], venue in [COUNTY], [STATE].
9. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |