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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.
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”). RECITALS WHEREAS, Attorney provides legal services (“Legal Services”) to the general public; and 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. TERMS 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: i. ____________________________________________________________ ii. __________________________________________________________ iii. ___________________________________________________________ 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. 3. FEES 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 __________ percent (___%) on any judgments, costs, fees, and disbursements paid directly by Attorney from the date of payment by Attorney for such until the date of recovery of payment from Client. E. In the event that it is not possible to settle Client’s matter, or no monetary amount is recovered in any legal proceedings, Attorney shall be responsible for all costs, charges, taxes, and disbursements incurred on behalf of Client. © 2011 by Docstoc®, Inc. registered document proprietary, copy not 3 [Comment: alternatively, user may set forth “In the event that costs are awarded against Client in any legal proceeding, the payment of all such costs shall be the full and sole responsibility of Client and not Attorney.”] 4. REPRESENTATION A. Client hereby acknowledges and agrees that the Rules of Professional Conduct of the State of _______________ require Client’s written consent before Attorney may commence or continue to represent or provide Legal Services to Client if Attorney has had a relationship with another party who is involved in the subject matter of the Legal Services to be provided to Client. B. Attorney hereby represents and warrants to Client that Attorney has not had any prior relationship with any other party who is involved in the subject matter of the Legal Services to be provided to Client herein. 5. SETTLEMENT OF CLIENT’S CLAIM(S) Attorney hereby acknowledges and agrees that Attorney shall not offer any settlement to any other party or settle Client’s claim without the prior consent of Client. Client shall have absolute discretion in respect of accepting a proposal to settle or any settlement proposal received by Attorney. Attorney shall notify Client promptly of any settlement offer received. 6. LIENS Client hereby acknowledges and agrees that Attorney may have a lien for any outstanding fees and costs owing by Client to Attorney or any fees and costs advanced by Attorney on behalf of Client on all claims and causes of action that Attorney has provided Legal Services for or on behalf of Client. 7. REMOVAL OF ATTORNEY A. Client may remove Attorney from record on Client’s case, legal proceeding, or claim at any time by providing written notice to Attorney and filing of all required documentation by the court of the applicable jurisdiction. Client hereby acknowledges and agrees that Attorney shall cease any and all Legal Services upon receipt of such written notice from Client. B. Upon Client providing to Attorney written notice of such removal, Client hereby agrees to pay any and all outstanding fees, disbursements and costs to Attorney immediately. © 2011 by Docstoc®, Inc. registered document proprietary, copy not 4 8. WITHDRAWAL OF ATTORNEY A. Attorney may remove itself as Attorney of record from Client’s case, legal proceeding, or claim as permitted under the Rules of Professional Conduct of the applicable jurisdiction and shall provide Client with written notice of such withdrawal and shall file all necessary documentation with the court of the applicable jurisdiction. B. Notwithstanding Attorney withdrawing from record, Client shall be obligated to pay to Attorney any and all outstanding fees, disbursements, and costs. 9. RELEASE OF DOCUMENTS Upon termination of Legal Service by Attorney, Attorney shall promptly release to Client all of Client’s legal documents, papers, and property, including but not limited to, correspondence, transcripts, exhibits, reports, and evidence. 10. NO GUARANTEES Client hereby acknowledges that Attorney can make no guarantees to Client regarding the outcome or result of Client’s case or any legal proceeding commenced or brought against Client by another party. 11. ENTIRE AGREEMENT This Agreement (together with all other agreements or documents executed by Attorney and Client) constitutes the entire agreement between Attorney and Client pertaining to the subject matter of this Agreement and such other agreements and documents and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, including, without limitation, any confidentiality agreements that may have been entered into between Attorney and Client prior to the date hereof. 12. SEVERABILITY Should any provision of this Agreement be held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect. 13. AMENDMENTS This Agreement may be modified or amended at any time by Attorney or Client by an instrument in writing executed by each of Attorney and Client. © 2011 by Docstoc®, Inc. registered document proprietary, copy not 5 14. DISPUTE A. Should a dispute arise between Attorney and Client in respect to attorney’s fees payable under this Agreement and Attorney files a law suit in a court of applicable jurisdiction, Client shall have the right to stay the proceedings of such suit by electing to arbitrate the dispute. B. The prevailing party in any law suit, action, or legal proceeding to enforce any provisions of this Agreement will be awarded reasonable attorney’s fees and costs incurred for such enforcement. C. IN WITNESS WHEREOF, Attorney and Client hereby execute this Agreement as of the date first above written. Witness: Client Witness: Attorney © 2011 by Docstoc®, Inc. registered document proprietary, copy not 6
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