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Conditional Fee Agreement
"I need a Conditional Fee Agreement for a Belgian technology startup client, with a basic fee of 30% of standard rates and a success fee of 15% of the recovered amount in their upcoming patent infringement litigation, to be effective from March 2025."
1. Parties: Identification of the lawyer/law firm and the client, including full legal names and addresses
2. Background: Context of the legal matter and reason for entering into the conditional fee arrangement
3. Definitions: Key terms used in the agreement, including 'Success', 'Basic Fees', 'Success Fees', and 'Disbursements'
4. Scope of Services: Detailed description of the legal services to be provided under the agreement
5. Fee Structure: Explanation of the basic fee and success fee calculation methods, including percentages and payment terms
6. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering additional fees
7. Payment Terms: Timing and method of payment for both basic fees and success fees
8. Client Responsibilities: Client's obligations including providing information and cooperation
9. Termination: Circumstances under which the agreement can be terminated and the consequences
10. Professional Obligations: Reference to lawyer's professional duties and compliance with Bar regulations
11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
1. Third Party Funding: Required if the client is using litigation funding to finance the legal fees
2. Multiple Party Provisions: Required when representing multiple clients in the same matter
3. International Elements: Required when the matter involves cross-border elements or multiple jurisdictions
4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration of fee disputes
5. Conflict of Interest Provisions: Required when there are potential conflicts that need to be disclosed and managed
1. Schedule 1 - Fee Calculation Methods: Detailed breakdown of how basic fees and success fees are calculated
2. Schedule 2 - Scope of Work: Detailed description of the legal services, including any excluded services
3. Schedule 3 - Disbursements: List of anticipated disbursements and their treatment under the agreement
4. Schedule 4 - Team Members: List of lawyers and their hourly rates (if applicable)
5. Appendix A - Client Care Letter: Standard terms of business and client care information required by the Belgian Bar
6. Appendix B - Risk Assessment: Assessment of case prospects and risks affecting the conditional fee arrangement
Authors
Legal Services
Professional Services
Insurance
Financial Services
Construction
Manufacturing
Technology
Healthcare
Real Estate
Energy
Telecommunications
Legal
Finance
Compliance
Risk Management
Business Development
Operations
Corporate Affairs
Client Relations
Procurement
Legal Counsel
Managing Partner
Chief Legal Officer
Litigation Partner
Corporate Lawyer
Risk Manager
Compliance Officer
General Counsel
Finance Director
Contract Manager
Business Development Manager
Chief Financial Officer
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