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Conditional Fee Agreement for Singapore

Conditional Fee Agreement Template for Singapore

A Conditional Fee Agreement (CFA) under Singapore law is a fee arrangement between a law practice and client where part of the legal fees is contingent upon a successful outcome. Introduced in 2022, these agreements are regulated by the Legal Profession Act and associated regulations, allowing for uplift fees up to 100% of standard fees. The agreement must clearly define success criteria, fee structures, and include mandatory client protection provisions.

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What is a Conditional Fee Agreement?

Conditional Fee Agreements were introduced in Singapore through amendments to the Legal Profession Act in 2022, modernizing the legal funding landscape. These agreements enable law practices to offer fee arrangements where a portion of their fees depends on achieving specified outcomes. CFAs are particularly valuable for clients seeking access to justice without substantial upfront legal costs, while ensuring law practices can share in the success of cases they handle. The agreement must comply with strict regulatory requirements, including clear success definitions, fee calculations, and client safeguards.

What sections should be included in a Conditional Fee Agreement?

1. Parties: Identification of the law practice and client

2. Background: Context of the agreement and nature of the legal proceedings

3. Definitions: Key terms including 'success', 'uplift fee', and 'base fee'

4. Scope of Legal Services: Detailed description of legal services covered by the agreement

5. Fee Structure: Base fees, success fees, and uplift calculations

6. Success Criteria: Clear definition of what constitutes 'success' triggering the uplift fee

7. Termination Provisions: Circumstances and consequences of early termination

What sections are optional to include in a Conditional Fee Agreement?

1. Third Party Funding: Required if external funding is involved in the proceedings

2. International Proceedings: Required for cases involving cross-border elements

3. Cost Protection: Optional provisions for managing adverse costs risks

What schedules should be included in a Conditional Fee Agreement?

1. Fee Schedule: Detailed breakdown of base fees and uplift calculations

2. Risk Assessment: Analysis of case prospects and associated risks

3. Client Acknowledgment: Mandatory client acknowledgments of understanding CFA terms

4. Scope of Work: Detailed description of legal services and deliverables

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use

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