The Contingency Fee Retainer Agreement is essential when establishing 'no win, no fee' arrangements between lawyers and clients in England and Wales. This document is commonly used in litigation matters where clients seek legal representation but prefer or require fee arrangements tied to successful outcomes. It must comply with strict regulatory requirements under the Courts and Legal Services Act 1990 and Damages-Based Agreements Regulations 2013. The agreement details fee percentages, defines success criteria, explains cost responsibilities, and addresses risk allocation. It's particularly relevant for commercial disputes, personal injury cases, and employment matters, each subject to different statutory caps on fee percentages.
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1. Parties: Identification of the law firm and client
2. Background: Context of the legal matter and basis for engagement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of legal services to be provided
5. Fee Structure: Contingency fee percentage and calculation method
6. Payment Terms: When and how payment will be made from recoveries
7. Costs and Disbursements: Treatment of external costs and expenses
8. Termination: Circumstances and process for ending the agreement
1. Insurance Arrangements: Details of any ATE insurance, used when client requires coverage
2. Third Party Funding: Details of any litigation funding arrangements
3. Counsel Fees: Treatment of barrister fees and their incorporation into the fee structure
1. Schedule 1: Fee Calculations: Detailed examples of fee calculations in different scenarios
2. Schedule 2: Excluded Services: List of services not covered by the agreement
3. Schedule 3: Risk Assessment: Analysis of case prospects and risks
4. Appendix A: Client Care Letter: Standard terms of business and regulatory information
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Partial Contingency Fee Agreement
An England & Wales legal agreement outlining hybrid fee structures for managing legal costs and access to justice.
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Mixed Contingency Fee Agreement
An England & Wales legal agreement outlining mixed contingency fee terms for commercial litigation funding.
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Attorney Fee Agreement
A legally binding agreement under English and Welsh law that establishes terms for legal services provision and associated fees.
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Contingency Fee Retainer Agreement
An England and Wales law-governed agreement establishing contingency-based legal fees, where lawyer payment depends on case success.
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