Fee Agreement – Hourly (Employment - Plaintiff)
1. Parties and Matter
- Law Firm: [FIRM NAME], [ADDRESS].
- Client: [CLIENT NAME], [ADDRESS].
- Matter: Employment claims against [EMPLOYER NAME] involving [DISCRIMINATION/RETALIATION/WAGE & HOUR/OTHER].
2. Scope of Representation
The Firm will provide the following services:
☐ Pre-suit investigation and advice
☐ Administrative charge (EEOC/state agency)
☐ Settlement negotiations and mediation
☐ Litigation in state or federal court (if authorized in writing)
☐ Limited-scope service only: [DESCRIBE LIMITS]
Services outside the selected scope require a written amendment.
3. Hourly Rates and Billing Increments
Services are billed at the following rates (subject to periodic adjustment with [NUMBER] days' notice):
- Partners: $[RATE]/hour
- Senior Associates: $[RATE]/hour
- Associates: $[RATE]/hour
- Paralegals/Legal Assistants: $[RATE]/hour
Minimum billing increment: [0.1] hour.
Travel time billed at: ☐ full rate ☐ half rate.
4. Retainer Deposit
Client will pay an initial retainer of $[AMOUNT], deposited into the Firm's trust account. The Firm will apply the retainer to fees and costs as billed. Client agrees to replenish the retainer to $[MAINTAINED AMOUNT] within [NUMBER] days of request.
5. Invoicing and Payment Terms
- Invoices issued: [MONTHLY/BIWEEKLY].
- Payment due within [NUMBER] days.
- Past-due balances accrue interest at [RATE]% per month or the maximum lawful rate.
6. Costs and Expenses
Client is responsible for reasonable case costs, including:
- Filing fees, service of process, court reporters
- Expert fees, investigators, and e-discovery vendors
- Deposition transcripts, mediation fees, and travel (if necessary)
- Copying, postage, and document management
Costs over $[AMOUNT] require prior approval unless needed to protect Client's interests.
7. Administrative Deadlines and Cooperation
Client must provide timely information to meet agency deadlines and cooperate in preparing charges, responses, and interviews.
8. 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.
9. Settlement Authority
Client retains final authority to accept or reject settlement offers. The Firm will communicate all offers promptly and provide recommendations.
10. Termination and Withdrawal
Client may terminate at any time. The Firm may withdraw as permitted by applicable rules and court orders. Upon termination, Client is responsible for fees and costs incurred through the termination date. Any unearned trust funds will be refunded after final accounting.
11. Fee Dispute Resolution
Fee disputes will be submitted to any applicable bar fee dispute program before litigation, if required by law.
12. Governing Law and Venue
This Agreement is governed by the laws of [STATE], with venue in [COUNTY], [STATE], unless otherwise required by law.
13. Signatures
| Party | Signature | Date |
|---|---|---|
| [CLIENT NAME] | __________________________ | __________ |
| [ATTORNEY NAME], [FIRM NAME] | __________________________ | __________ |