Fee Agreement – Flat Fee (Personal Injury)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Limited-scope personal injury services related to [INCIDENT DATE] at [LOCATION].
2. Scope of Flat Fee Services
The flat fee covers only the services listed below:
☐ Initial consultation and case assessment (up to [NUMBER] hours)
☐ Medical records and bill summary review
☐ Demand letter and settlement package
☐ Negotiation with insurer up to [NUMBER] communications
☐ Claim file review and written evaluation
Services not listed are excluded and require a separate agreement.
3. Informed Consent to Limited Scope
Client understands this Agreement is limited to the specific pre-suit services listed in Section 2. The Firm will not:
☐ File a lawsuit or initiate arbitration
☐ Conduct discovery, depositions, or subpoena records
☐ Appear at court hearings or trials
☐ Monitor statutes of limitation or court deadlines unless agreed in writing
Client acknowledges the risks of limited-scope representation, including the potential loss of claims if deadlines are missed, and gives informed consent to the limited scope described above.
4. Flat Fee Amount and Payment Schedule
- Total flat fee: $[AMOUNT].
- Payment terms:
- $[DEPOSIT] due upon signing.
- $[BALANCE] due upon [MILESTONE].
Flat fee will be handled as follows (select one, consistent with applicable law and required disclosures):
☐ Deposited into trust and earned as milestones are completed
☐ If permitted under applicable rules and with any required written disclosures, treated as earned upon receipt and deposited into the Firm's operating account
Regardless of selection, any unearned portion will be refunded as required by law.
5. Costs and Expenses
Client is responsible for third-party costs, including:
- Medical records retrieval fees
- Filing fees (if any)
- Copying, postage, or courier charges
- Expert or investigator fees (if authorized in writing)
6. No Litigation Included and Deadlines
This agreement does not include filing suit, discovery, or trial. If litigation becomes necessary, a separate written agreement will be required.
Unless otherwise agreed in writing, the Firm will not monitor statutes of limitation or filing deadlines. Client is responsible for timely decisions regarding filing suit and for contacting the Firm if immediate action is required.
7. Medical Records, Liens, and Subrogation
Client authorizes the Firm to request medical records and bills and to communicate with providers and insurers regarding liens or subrogation.
Client agrees to cooperate in identifying liens and understands that lien repayment may reduce any recovery. The Firm will attempt to address liens where appropriate but does not guarantee any reduction.
8. Settlement Authority
Client retains final authority to accept or reject any settlement. The Firm will communicate all offers promptly and provide recommendations.
9. Client Responsibilities
Client agrees to provide complete information, respond promptly to requests, preserve evidence, and cooperate with lien or subrogation requests. Client will inform the Firm of any direct contact from insurers or opposing parties.
10. 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.
11. 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].
12. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |