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Contingency Fee Retainer Agreement Template for United States

A Contingency Fee Retainer Agreement is a legal contract used in the United States between an attorney and client where the attorney's fees are contingent upon successful recovery in the case. The agreement specifies the percentage of the recovery that will be paid as legal fees, typically ranging from 25% to 40%, and outlines the handling of case-related expenses. This document must comply with state-specific regulations and bar association requirements regarding fee arrangements and client disclosures.

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What is a Contingency Fee Retainer Agreement?

The Contingency Fee Retainer Agreement is essential for cases where clients may not have the means to pay hourly legal fees upfront. This document is commonly used in personal injury, medical malpractice, and employment cases across U.S. jurisdictions. It establishes the attorney-client relationship, defines the scope of representation, specifies fee percentages based on case outcomes, and addresses the handling of costs and expenses. The agreement must comply with state-specific regulations and often includes mandatory disclosures and client rights information.

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

1. Parties: Identification of attorney/law firm and client with full legal names and addresses

2. Background: Brief description of the legal matter and purpose of representation

3. Definitions: Key terms used throughout the agreement

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

5. Contingency Fee Structure: Percentage rates and calculation method for fees

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

7. Term and Termination: Duration of agreement and termination provisions

8. Signatures: Execution blocks for all parties

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

1. Alternative Fee Arrangements: Different fee structures for different outcomes - used in complex cases with multiple possible outcomes

2. Co-Counsel Provisions: Terms for involving other attorneys - used when multiple firms may be involved

3. Arbitration Clause: Agreement to arbitrate fee disputes - used when parties prefer alternative dispute resolution

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

1. Schedule A - Costs and Expenses: Detailed breakdown of anticipated costs and handling

2. Schedule B - Fee Calculation Examples: Examples showing how fees will be calculated in various scenarios

3. Appendix A - State-Required Disclosures: Mandatory state-specific disclaimers and notices

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

United States

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use

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