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Retainer And Contingency Fee Agreement Template for United States

A Retainer and Contingency Fee Agreement is a legal contract used in the United States that establishes the terms of representation between an attorney or law firm and a client. It combines both an initial retainer payment and a contingency fee structure, where the attorney receives a percentage of any recovery. The agreement must comply with state-specific bar regulations and professional conduct rules, including requirements for clear fee disclosures and client protections.

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What is a Retainer And Contingency Fee Agreement?

The Retainer And Contingency Fee Agreement is essential for legal practices in the United States where representation involves both an upfront retainer and success-based fees. This document is commonly used in personal injury, employment, and civil litigation cases where clients may have limited ability to pay hourly rates. The agreement outlines the scope of representation, fee structure, expense handling, and client obligations, while ensuring compliance with state bar requirements and professional ethics rules. It provides clarity and protection for both attorneys and clients by establishing clear expectations and terms of engagement.

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

1. Parties: Identification of the attorney/law firm and client

2. Background: Context of the representation and nature of legal services

3. Definitions: Key terms used throughout the agreement

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

5. Fee Structure: Retainer amount and contingency fee percentage

6. Costs and Expenses: Handling of case-related expenses and disbursements

7. Payment Terms: Timeline and method of payment

8. Termination: Conditions and process for ending the agreement

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

1. Multiple Attorney Involvement: Terms for involving other attorneys or firms when referrals or co-counsel arrangements are anticipated

2. Alternative Dispute Resolution: Procedures for resolving disputes between attorney and client when specific dispute resolution procedures are desired

3. File Retention: Terms for maintaining and disposing of client files when specific file retention policies need to be addressed

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

1. Fee Schedule: Detailed breakdown of contingency fee percentages for different case outcomes

2. Expense Schedule: List of anticipated expenses and their handling

3. Client Authorization Form: Specific authorizations for settlement, expenses, or other actions

4. State-Required Disclosures: Any mandatory disclosures required by state law or bar association

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

United States

Cost

Free to use

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