Mixed Contingency Fee Agreement

Mixed Contingency Fee Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Mixed Contingency Fee Agreement for a commercial litigation matter with a 20% success fee and reduced hourly rates, including provisions for ATE insurance and potential third-party funding."

Document background

Mixed Contingency Fee Agreements have emerged as a flexible solution for funding legal services in England and Wales, particularly in commercial litigation and complex disputes. These agreements provide access to justice by allowing clients to pursue claims while sharing risk with their legal representatives. A Mixed Contingency Fee Agreement typically includes provisions for both fixed or hourly rate payments and success-based fees, ensuring alignment of interests between lawyer and client. The agreement must comply with strict regulatory requirements, including fee caps and transparency obligations, while providing clear terms for payment structures, success criteria, and risk allocation.

Suggested Sections

1. Parties: Identification of the law firm and client

2. Background: Context of the legal matter and reason for the agreement

3. Definitions: Key terms used throughout the agreement including 'Success', 'Contingency Fee', and 'Basic Charges'

4. Scope of Services: Details of legal services to be provided and the specific matter being handled

5. Fee Structure: Breakdown of contingency fees, hourly rates, and other charges including maximum percentages

6. Success Criteria: Clear definition of what constitutes success for fee calculation purposes

7. Payment Terms: When and how payments will be made, including timing and method of payment

8. Termination: Circumstances and process for ending the agreement, including consequences for fees

Optional Sections

1. Insurance Arrangements: Details of any after-the-event insurance arrangements when client requires insurance coverage

2. Third Party Funding: Details of any third party funding arrangements when external funding is involved

3. Counsel's Fees: Arrangements for barrister fees when counsel will be instructed in the matter

Suggested Schedules

1. Schedule of Hourly Rates: Detailed breakdown of hourly rates for different fee earners

2. Schedule of Disbursements: List of anticipated disbursements and how they will be handled

3. Risk Assessment: Assessment of case prospects and risks affecting the fee arrangement

4. Costs Information: Detailed breakdown of estimated costs and different outcome scenarios

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Legal Services
Insurance
Financial Services
All Business Sectors

Relevant Teams

Legal
Finance
Risk & Compliance
Operations

Relevant Roles

General Counsel
Legal Director
Partner
Chief Financial Officer
Risk Manager

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Mixed Contingency Fee Agreement Template for England and Wales

Let's create your Mixed Contingency Fee Agreement