The Retainer and Contingency Fee Agreement is essential for establishing professional relationships between legal practitioners and clients in Nigeria where a combined fee structure is desired. This document is typically used when clients require ongoing legal services (covered by the retainer) while also having specific matters where payment is contingent on success (covered by the contingency fee). The agreement must comply with Nigerian legal requirements, particularly the Legal Practitioners Act and Rules of Professional Conduct, which govern fee arrangements and professional relationships. It's commonly used in litigation, corporate matters, and complex legal proceedings where both regular access to legal counsel and outcome-based compensation are appropriate. The document includes detailed provisions on fee calculations, payment terms, scope of services, and professional obligations, ensuring transparency and enforceability under Nigerian law.
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1. Parties: Identification of the law firm/attorney and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the client's legal matter
3. Definitions: Key terms used throughout the agreement including 'Retainer Fee', 'Contingency Fee', 'Legal Services', etc.
4. Scope of Services: Detailed description of legal services covered under the agreement
5. Retainer Fee Arrangement: Details of the retainer amount, payment schedule, and what it covers
6. Contingency Fee Structure: Percentage of recovery as contingency fee, calculation method, and circumstances triggering payment
7. Client Responsibilities: Client's obligations including providing information, documents, and maintaining communication
8. Attorney Rights and Responsibilities: Law firm's/attorney's obligations and professional commitments
9. Costs and Expenses: Treatment of case-related expenses and distinction from legal fees
10. Billing and Payment Terms: Detailed payment procedures, timing, and acceptable payment methods
11. Term and Termination: Duration of agreement and circumstances for termination by either party
12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Multiple Party Provisions: Required when there are multiple clients or attorneys involved in the agreement
2. Conflict Resolution: Detailed dispute resolution procedures, including mediation or arbitration provisions
3. Referral Arrangements: Needed when case referral to other attorneys may be necessary
4. Insurance and Indemnification: Provisions regarding professional liability insurance and mutual indemnification
5. Confidentiality: Detailed confidentiality provisions beyond standard attorney-client privilege
6. File Retention: Specific terms for maintaining and disposing of client files
7. Power of Attorney: When specific authority is needed to act on client's behalf
1. Schedule A - Fee Structure: Detailed breakdown of retainer amounts, contingency percentages, and payment milestones
2. Schedule B - Scope of Work: Detailed description of legal services and matters covered
3. Schedule C - Excluded Services: List of legal services specifically excluded from the agreement
4. Appendix 1 - Expense Policy: Detailed policy on billable expenses and reimbursement procedures
5. Appendix 2 - Client Communication Protocol: Guidelines for client-attorney communication and response times
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