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Retainer And Contingency Fee Agreement Template for Netherlands

This document establishes a hybrid fee arrangement between a legal service provider and client under Dutch law, combining a regular retainer payment with a success-based contingency fee component. It outlines the scope of legal services, payment terms, professional obligations, and client responsibilities while ensuring compliance with Dutch Bar Association regulations and consumer protection laws. The agreement specifically addresses the restricted circumstances under which contingency fees are permitted in the Netherlands and includes necessary provisions for professional liability, client protection, and regulatory compliance.

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What is a Retainer And Contingency Fee Agreement?

The Retainer And Contingency Fee Agreement is essential for establishing professional relationships where legal services are provided on a hybrid fee basis in the Netherlands. This document is typically used when clients require ongoing legal support (covered by the retainer) while also wanting to align their interests with their legal representative through a success-based fee component. It's particularly relevant for litigation, corporate transactions, and other matters where Dutch law permits contingency arrangements. The agreement must carefully navigate the Dutch Bar Association's restrictions on contingency fees while providing clear terms for both regular payments and success-based compensation. It includes comprehensive provisions for scope of services, payment calculations, professional obligations, and termination rights, ensuring compliance with Dutch legal profession regulations and consumer protection requirements.

What sections should be included in a Retainer And Contingency Fee Agreement?

1. Parties: Identification of the attorney/law firm and the client, including full legal names, addresses, and registration details

2. Background: Context of the legal representation and reason for entering into the agreement

3. Definitions: Key terms used throughout the agreement, including 'Retainer Fee', 'Contingency Fee', 'Success', and 'Recoverable Amount'

4. Scope of Services: Detailed description of legal services to be provided and any limitations

5. Retainer Fee Structure: Details of the regular retainer payment, including amount, frequency, and covered services

6. Contingency Fee Arrangement: Specification of the contingency fee percentage, calculation method, and conditions for payment

7. Payment Terms: Timeline and methods for payment, including handling of costs and disbursements

8. Client Responsibilities: Client's obligations regarding cooperation, information provision, and payment

9. Attorney Responsibilities: Professional obligations, communication commitments, and service standards

10. Termination: Conditions and procedures for ending the agreement by either party

11. Confidentiality: Obligations regarding client information and professional secrecy

12. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes

What sections are optional to include in a Retainer And Contingency Fee Agreement?

1. Multiple Party Provisions: Required when representing multiple clients in the same matter, defining shared responsibilities and conflict provisions

2. International Elements: Needed when the case involves cross-border elements or foreign jurisdictions

3. Third-Party Funding: Required when external litigation funding is involved in the case

4. Special Fee Arrangements: Used when incorporating alternative fee structures beyond the basic retainer and contingency

5. Conflict Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

6. Insurance Provisions: Required when legal expenses insurance is involved in covering fees

7. Assignment and Delegation: Needed when the possibility of transferring rights or obligations needs to be addressed

What schedules should be included in a Retainer And Contingency Fee Agreement?

1. Schedule A - Fee Calculation: Detailed breakdown of retainer amounts, contingency percentages, and calculation examples

2. Schedule B - Scope of Work: Detailed description of included and excluded services

3. Schedule C - Expense Categories: List of billable and non-billable expenses and their handling

4. Schedule D - Team Members: List of attorneys and staff assigned to the matter with their roles and rates

5. Appendix 1 - Client Information Form: Required client details and documentation for compliance with Wwft and GDPR

6. Appendix 2 - Terms and Conditions: Standard terms and conditions of the law firm

7. Appendix 3 - Complaints Procedure: Mandatory information about the firm's complaints handling process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Document Type

Retainer Agreement

Cost

Free to use

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