Retainer Agreement – Personal Injury

1. Parties

• Law Firm: [Firm Name], address [Address].
• Client: [Client Name], address [Address].

2. Matter Description

• Representation regarding injuries sustained on [Date] arising from [Accident Description].
• Includes investigation, negotiation, and prosecution of claims against responsible parties for damages.
• Excludes workers’ compensation, property damage, or subrogation matters unless expressly added.

3. Contingency Fee Arrangement

• Fee is contingent upon recovery by settlement or judgment.
• Contingency percentage: [Percentage]% if resolved before filing suit; [Percentage]% after suit filing; [Percentage]% after notice of appeal or retrial.
• No attorney fees owed if no recovery, except client remains responsible for costs as detailed below.

4. Costs and Expenses

• Costs advanced by firm: filing fees, medical records, expert witnesses, deposition transcripts, travel, mediation, investigation, and other litigation expenses.
• Costs reimbursed from recovery prior to calculating attorney fee unless prohibited by law.
• Client responsible for liens (medical, insurance, government) and agrees to cooperate with lien resolution.

5. Client Cooperation

• Provide truthful information, attend medical appointments, keep firm updated on treatment, and notify of address changes.
• Client will not settle or negotiate directly with insurers without attorney knowledge.

6. Settlement Authority

• Client retains final authority over settlement decisions after consultation.
• Attorney may negotiate but must obtain written client consent before accepting offer.

7. Medical Payments and Subrogation

• Client authorizes firm to communicate with health care providers and insurers to obtain records, bills, and lien statements.
• Client understands subrogation claims may reduce net recovery; firm will pursue reductions where feasible.

8. Trust Account Handling

• Settlement funds deposited into attorney trust account.
• Disbursement order: (1) outstanding costs, (2) attorney fees, (3) liens/medical bills, (4) client net proceeds.
• Client to receive settlement statement itemizing all disbursements.

9. Termination

• Client may terminate at any time; firm entitled to reimbursement of costs and quantum meruit fee for work performed, payable from any future recovery.
• Firm may withdraw for ethical reasons, noncooperation, or nonpayment of costs, subject to court approval if litigation pending.

10. Statute of Limitations

• Client acknowledges importance of timely providing information to avoid statute of limitations issues.

11. File Retention

• File retained for [Number] years after matter concludes; original medical records returned upon request.

12. Dispute Resolution

• Fee disputes submitted to [State Bar Fee Arbitration] prior to court action.
• Governing law: [State]; venue: [County].

13. Notices

• All notices delivered via [Email/Mail], deemed received [Number] days after sending.

14. Signatures and Acknowledgement

• Client acknowledges receipt of contingency fee disclosure statement and right to seek independent counsel.