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Contingency Fee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Contingency Fee Agreement

"I need a Contingency Fee Agreement for a Swiss patent infringement case, with a 5% basic fee of the claim amount and a 15% success fee if we win the case or reach a settlement above 2 million CHF."

Document background
The Contingency Fee Agreement is a crucial document used in Switzerland when establishing a fee arrangement between legal service providers and their clients that includes a success-based component. While pure contingency fee arrangements are prohibited under Swiss law, mixed fee structures are permitted subject to strict regulations established by the Swiss Federal Supreme Court. This document is typically used in cases where the client seeks to align legal fees with case outcomes while maintaining compliance with Swiss legal requirements. The agreement must carefully balance the basic fee component with the success fee element, ensure attorney independence, and provide adequate client protections. It's particularly relevant in litigation, corporate transactions, and other legal matters where the outcome can be clearly defined and measured. The document must comply with both federal and cantonal regulations, as well as professional ethics rules established by Swiss bar associations.
Suggested Sections

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

2. Background: Brief description of the legal matter and the client's objectives

3. Definitions: Key terms including 'Success', 'Basic Fee', 'Success Fee', 'Costs', and 'Expenses'

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

5. Fee Structure: Specification of the mixed fee arrangement, including basic fee rates and success fee calculation

6. Success Criteria: Clear definition of what constitutes 'success' and how it will be measured

7. Payment Terms: Timeline and method of payment for both basic fees and success fees

8. Costs and Expenses: Handling of court costs, expert fees, and other expenses

9. Client's Rights and Obligations: Client's responsibilities including providing information and cooperation

10. Attorney's Rights and Obligations: Attorney's professional duties and commitment to the case

11. Termination: Conditions and process for ending the agreement, including fee calculations

12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction

13. Signatures: Execution block for all parties

Optional Sections

1. Conflict Resolution: Alternative dispute resolution procedures, used when parties want to specify mediation or arbitration

2. Confidentiality: Detailed confidentiality provisions, used when handling sensitive matters

3. Team Structure: Details of the legal team handling the matter, used in larger cases with multiple attorneys

4. Progress Reporting: Specific reporting requirements, used in complex cases requiring regular updates

5. Insurance: Professional liability insurance details, used when specifically required by client

6. Assignment: Rights and restrictions regarding assignment of the agreement, used in larger institutional cases

Suggested Schedules

1. Schedule 1 - Fee Calculation Examples: Numerical examples showing how success fee will be calculated in different scenarios

2. Schedule 2 - Basic Fee Rates: Detailed breakdown of hourly rates or fixed fees for different types of work or different attorneys

3. Schedule 3 - Success Metrics: Detailed criteria and measurement methods for determining success

4. Appendix A - Power of Attorney: Standard Swiss legal representation authorization form

5. Appendix B - Client Information Form: Required client details and matter-specific information

6. Appendix C - Expense Policy: Detailed policy regarding reimbursable expenses and approval procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Legal Services

Financial Services

Insurance

Technology

Manufacturing

Real Estate

Construction

Healthcare

Professional Services

Energy

Transportation

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Business Development

Project Management

Corporate Affairs

Administration

Relevant Roles

General Counsel

Legal Director

Chief Legal Officer

Corporate Lawyer

Legal Operations Manager

Compliance Officer

Risk Manager

Managing Partner

Senior Partner

Associate Attorney

Contract Manager

Chief Financial Officer

Finance Director

Business Development Director

Project Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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