A Contingent Fee Agreement is an agreement between an attorney and a client wherein
the parties agree that legal fees are only payable to the attorney should a favorable
result be obtained. Contingent Fee Agreements are usually based on a percentage of
the monetary amount the client receives. This document in its draft form contains
numerous of the standard clauses commonly used in these types of agreements, as
well as optional language allowing for customization to ensure the specific terms of the
parties' agreement are addressed. This form is most useful to attorneys and law firms
wishing to engage in a contingency relationship with a client.
CONTINGENCY FEE AGREEMENT
This Contingency Fee Agreement (this “Agreement”) is hereby made and entered into on
this _____ day of _______________, 2______ by and between _____________________
(“Attorney”) and ______________________ (“Client”).
WHEREAS, Attorney provides legal services (“Legal Services”) to the general public;
WHEREAS, Client is desirous of obtaining the Legal Services from Attorney on the
terms and conditions contained herein.
NOW THEREFORE, in consideration of the promises and the exchange of mutual
covenants set forth herein and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties hereto covenant and agree as follows.
1. SERVICES TO BE PROVIDED
A. Attorney and Client hereby acknowledge and agree that Attorney shall provide
the Legal Services to Client for the purposes of ______________________.
Attorney and Client hereby acknowledge and agree that the Legal Services to be
provided to Client by Attorney shall include the following Legal Services:
B. Attorney and Client hereby acknowledge and agree that should Client wish for
any other Legal Services to be provided by Attorney that are not set forth above
or provided for under this Agreement, Attorney and Client shall enter into a
separate Contingent Fee Agreement.
2. RESPONSIBILITIES OF PARTIES
A. Attorney hereby acknowledges and agrees that he/she will perform all of the
Legal Services contemplated herein for and on behalf of Client and shall keep the
Client informed of progress and all developments and shall respond to Client’s
enquiries and questions within a reasonable period of time.
B. Client hereby agrees that he/she shall cooperative with Attorney and shall
promptly inform Attorney of any developments.
A. Attorney and Client hereby acknowledge and agree that Attorney’s Fees (the
“Attorney Fees”) for the Legal Services to be performed by Attorney on behalf
and for Client shall be as follows:
i. A fee of _________ percent (___%)of the total amount recovered by
Attorney for Client, exclusive of costs, charges, disbursements, and taxes
incurred by Attorney on behalf of Client in recovering such amount either
by settlement or by any legal proceeding;
ii. In the event that a decision giving judgment in Client’s matter is appealed
to a higher court, a fee of ________ percent (___%)of the total amount
recovered for Client, exclusive of costs, charges, disbursements, and taxes
incurred by Attorney on behalf of Client in recovering such amount;
iii. All costs, charges, disbursements, and taxes directly incurred by Attorney
on Client’s behalf in Attorney’s performance of the Legal Services; and
iv. Any and all taxes imposed by law on fees for the Legal Services.
B. It is understood between Attorney and Client that any amount recovered in this
matter as a subrogated claim on behalf of a third party for medical, hospital, or
related expenses, shall not be included in the amount recovered on behalf of
Client for the purpose of calculating fees or for determining costs, charges,
disbursements, and taxes, but is subject to separate and independent arrangements
between Attorney and the third party.
C. Client acknowledges and agrees that all costs, charges, disbursements, and taxes
recovered by Attorney on behalf of Client shall be applied directly against the
total amount of fees, disbursements, and taxes owing to Attorney.
D. Client acknowledges and agrees to pay to Attorney interest at the rate of