This Contingency Fee Agreement is between an attorney and a client setting forth the specific terms of a contingency fee arrangement. This agreement sets out specific legal services to be provided, the percentage amount the attorney will receive in certain scenarios of recovery and an authorization of settlement. This Contingency Fee Agreement also contains provisions regarding costs, attorney’s lien, attorney discharge or withdrawal. This Contingency Fee Agreement must be signed by both the client and the attorney.
CONTINGENT FEE AGREEMENT
This Contingent Fee Agreement dated this _________________ day of ______________________, 20______ made between _____________________________, (hereafter referred to as "Attorney”) and ______________________________, (hereafter referred to as "Client”.)
SERVICES TO BE PROVIDED
The legal services to be provided by Attorney to Client are as follows:
Representation of Client with respect to claim for ________________________________ arising out of _______________________________ on ______________________________ at __________________________________.
If Client wishes that Attorney provide any legal services not to be provided under this agreement, a separate written agreement between Attorney and Client needs to be entered.
Attorney will perform the said legal services and keep the Client informed regarding the progress and developments of the case, and also respond promptly to Client's inquiries and communications. It will be the duty of the Client to be truthful and cooperative with Attorney and keep Attorney reasonably informed regarding the developments of the case.
The amount Attorney will receive for attorney's fees for the legal services to be provided under this agreement will be:
(a) ___________________% of the total amount received if the recovery is obtained before the filing of a lawsuit;
(b) ______________________% of the total amount received if the recovery is obtained after the filing of a lawsuit but before the hearing, settlement or trial;
(c) ______________________% of the total amount received if the recovery is obtained at or after the hearing, settlement or trial, but before the filing of Client's brief in an appeal from a court judgment; and
(d) _______________________% of the total amount received if the recovery is obtained after the filing of Client's brief in an appeal from a court judgment.
In the event if the Client does not receive any amount, Attorney will receive no attorney's fees.
Client hereby authorizes Attorney to effect any settlement by compromise, lawsuit, trial, judgment, or otherwise, as is deemed best, in Attorney’s professional judgment. It is expressly understood, that settlement of the case cannot be executed without Client’s consent.
Attorney will be responsible to pay all costs including court filing fees, deposition costs, expert fees and expenses, investigation costs, long-distance telephone charges, messenger service fees, photocopying expenses, and process server fees incurred in connection with Attorney's services under this agreement. Attorney may claim reimbursement out of the total amounts recovered before any distribution of fees to Attorney or to the Client is made. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.
Attorney will have a lien for Attorney's fees and costs advanced on all claims and causes of action that are the subject of Attorney’s representation of Client under this agreement and on all proceeds of any recovery obtained whether by settlement, arbitration award, or court judgment.
DISCHARGE OF ATTORNEY
Client may at any time discharge Attorney by providing a written notice effective when received by Attorney. Notwithstanding the discharge, Client will be obligated to pay Attorney out of the total amounts recovered a reasonable attorney's fee for all services provided and to reimburse Attorney out of the recovery for all costs advanced. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.
WITHDRAWAL OF ATTORNEY
Attorney may withdraw at any time if (a) The client consents, and (b) the client's conduct renders it unreasonably difficult for the attorney to carry out the employment effectively. Notwithstanding Attorney's withdrawal, Client will be obligated to pay Attorney out of the total amounts recovered a reasonable attorney's fee for all services provided and to reimburse Attorney out of the recovery for all costs advanced. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.
The Attorney may assign all or any portion of the services to be performed under this Agreement to an associate or to other attorneys in the firm, and may use paralegals.
POWER OF ATTORNEY
Attorney agrees to use its best efforts to represent Client to the best of its ability. However, Attorney cannot guarantee or accurately predict the outcome because of inherent uncertainty of legal proceedings, the interpretation of and changes in the law, and a myriad of unpredictable variables. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty.
DISCLAIMER OF GUARANTY
Although Attorney may offer an opinion about possible results regarding the subject matter of this agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty.
This agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on the parties.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
This agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement to the extent that the parties carry it out.
The foregoing is agreed to by: