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The Retainer and Contingency Fee Agreement is essential for establishing professional legal service relationships in Hong Kong where clients seek a hybrid fee structure. This document is typically used when clients require ongoing legal services (covered by the retainer) while also wanting to align the law firm's compensation with specific successful outcomes (addressed by the contingency component). The agreement must carefully navigate Hong Kong's regulatory framework, particularly regarding fee arrangements in litigation matters. It includes comprehensive terms covering service scope, fee calculations, payment schedules, professional obligations, and termination provisions. This document is particularly relevant for commercial transactions, advisory services, and non-contentious matters where contingency fees are permitted under Hong Kong law.

1. Parties: Identification of the 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 'Retainer Fee', 'Contingency Fee', 'Matter', and 'Services'

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

5. Retainer Fee Structure: Details of the fixed retainer amount, payment schedule, and what services are covered under the retainer

6. Contingency Fee Structure: Specification of the contingency percentage, calculation method, and what outcomes trigger the contingency payment

7. Costs and Disbursements: Treatment of third-party costs, court fees, and other disbursements

8. Billing and Payment Terms: Payment timeline, acceptable payment methods, and consequences of non-payment

9. Client Responsibilities: Client's obligations including providing information, documents, and maintaining communication

10. Confidentiality: Obligations regarding confidential information and documents

11. Termination: Circumstances and process for terminating the agreement, including fee calculations upon termination

12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes