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Mixed Contingency Fee Agreement
"I need a Mixed Contingency Fee Agreement for a construction litigation matter where we'll charge 25% contingency for the litigation portion and $400/hour for preliminary investigation work, with the agreement starting March 1, 2025."
1. Parties: Identification of the law firm/lawyer and the client
2. Background: Context of the legal matter and reason for engagement
3. Definitions: Key terms used throughout the agreement
4. Scope of Legal Services: Detailed description of legal services to be provided
5. Contingency Fee Structure: Details of the percentage-based fee arrangement, including the agreed percentage and what it applies to
6. Non-Contingency Fee Structure: Details of the hourly or fixed fee portions of the agreement
7. Disbursements and Expenses: Treatment of costs and expenses, including which party is responsible for what
8. Calculation and Payment of Fees: Detailed explanation of how and when fees will be calculated and paid
9. Client's Rights and Obligations: Overview of client's responsibilities and rights under the agreement
10. Lawyer's Rights and Obligations: Overview of lawyer's responsibilities and rights under the agreement
11. Termination: Conditions and process for ending the agreement
12. Governing Law: Applicable law and jurisdiction
13. Execution: Signature blocks and date
1. Multiple Client Provisions: Required when representing multiple clients in the same matter
2. Conflict of Interest Provisions: Required when there are potential conflicts to address
3. Third Party Funding: Required when litigation funding is involved
4. Alternative Dispute Resolution: Optional section for specifying mediation or arbitration procedures
5. Insurance Coverage: Required when dealing with insured claims
6. Assignment: Optional section regarding transfer of rights under the agreement
7. Severability: Optional boilerplate section on partial invalidity
8. Entire Agreement: Optional integration clause
1. Schedule A - Fee Calculation Examples: Detailed examples showing how fees will be calculated in various scenarios
2. Schedule B - Hourly Rate Schedule: List of hourly rates for non-contingency work
3. Schedule C - Disbursement Schedule: Detailed list of anticipated disbursements and their handling
4. Appendix 1 - Client Authorization Form: Required forms for client signature and acknowledgment
5. Appendix 2 - Law Society Disclosure Form: Mandatory disclosures required by the relevant law society
6. Appendix 3 - Risk Disclosure Statement: Detailed explanation of risks and alternatives to contingency fee arrangement
Authors
Legal Services
Insurance
Financial Services
Healthcare
Construction
Manufacturing
Real Estate
Professional Services
Mining
Oil and Gas
Technology
Retail
Transportation
Education
Legal
Compliance
Risk Management
Finance
Operations
Administration
Corporate Affairs
Business Development
Claims
Litigation
General Counsel
Legal Director
Chief Legal Officer
Risk Manager
Compliance Officer
Corporate Secretary
Legal Operations Manager
Chief Financial Officer
Contract Manager
Business Development Manager
Claims Manager
Litigation Manager
Partner
Associate
Legal Administrator
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