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Retainer And Contingency Fee Agreement
"I need a Retainer and Contingency Fee Agreement for a Swiss corporate litigation matter starting January 2025, with a monthly retainer of 15,000 CHF and a 15% contingency fee on any recovery above 2 million CHF, including provisions for a team of three lawyers and cross-border evidence collection."
1. Parties: Identification of the attorney/law firm and the client, including full legal names and addresses
2. Background: Context of the engagement and brief description of the legal matter
3. Definitions: Key terms used in the agreement, including 'Success', 'Contingency Fee', 'Retainer Fee', and other relevant terms
4. Scope of Services: Detailed description of legal services to be provided and any limitations
5. Retainer Fee Arrangement: Terms of the fixed retainer fee, payment schedule, and what it covers
6. Contingency Fee Arrangement: Structure of the contingency fee, including percentage, calculation basis, and conditions for payment
7. Costs and Expenses: Allocation of responsibility for costs and expenses, including court fees and third-party expenses
8. Billing and Payment Terms: Invoicing procedures, payment deadlines, and handling of trust accounts
9. Client Responsibilities: Client's obligations including providing information and cooperation
10. Confidentiality: Confidentiality obligations of both parties
11. Conflicts of Interest: Handling of potential conflicts and disclosure obligations
12. Term and Termination: Duration of agreement and termination provisions
13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
1. Multiple Party Provisions: Required when multiple clients are involved, detailing joint and several responsibilities
2. International Aspects: Needed for cases involving international elements or multiple jurisdictions
3. Success Bonus: Optional additional success-based compensation beyond the basic contingency fee
4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration of fee disputes
5. File Retention: Optional provisions regarding the retention and handling of case files
6. Power of Attorney: Required when specific authorization for certain actions needs to be documented
7. Language Provisions: Required when agreement is executed in multiple languages
1. Schedule A - Detailed Scope of Services: Comprehensive list of legal services covered under the agreement
2. Schedule B - Fee Calculation Examples: Examples illustrating how contingency fees will be calculated in various scenarios
3. Schedule C - Expense Categories: Detailed breakdown of different types of expenses and their handling
4. Schedule D - Team Members: List of attorneys and other professionals assigned to the matter
5. Appendix 1 - Hourly Rates: Standard hourly rates for team members (for reference or partial fee calculations)
6. Appendix 2 - Client Information Form: Required client information and conflict checking details
Authors
Legal Services
Financial Services
Insurance
Real Estate
Construction
Manufacturing
Technology
Healthcare
Professional Services
Energy
Transportation
Commercial Litigation
Intellectual Property
Corporate Law
Legal
Compliance
Finance
Risk Management
Corporate Governance
Operations
Business Development
Executive Management
Administration
Procurement
General Counsel
Legal Director
Chief Legal Officer
Managing Partner
Senior Partner
Legal Operations Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Risk Manager
Corporate Secretary
Business Development Director
Head of Legal
Associate General Counsel
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