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Contingency Fee Contract
"I need a Contingency Fee Contract for a personal injury matter in New Zealand, with a 25% success fee and specific provisions for expert witness costs, to be effective from March 1, 2025."
1. Parties: Identification of the law firm and the client(s)
2. Background: Context of the legal matter and purpose of the contingency fee arrangement
3. Definitions: Key terms used in the agreement including 'Success', 'Fee', 'Disbursements', and 'Settlement'
4. Scope of Services: Clear description of legal services to be provided and the specific matter covered
5. Fee Structure: Detailed explanation of the contingency fee calculation method and percentage
6. Payment Terms: When and how fees become payable, including timing of payment after success
7. Disbursements and Other Costs: Treatment of court fees, expert costs, and other disbursements
8. Client Obligations: Client's responsibilities including providing information and instructions
9. Termination: Circumstances under which the agreement can be terminated and consequences
10. Professional Obligations: Statement of compliance with professional rules and obligations
11. Governing Law: Confirmation that New Zealand law governs the agreement
1. Multiple Party Provisions: Required when there are multiple clients, addressing how decisions are made and fees split
2. Expert Witness Arrangements: Needed when expert witnesses are likely to be required, addressing appointment and costs
3. Insurance and Funding: Relevant when litigation funding or insurance is involved
4. Conflict Resolution: Detailed dispute resolution procedures beyond standard terms
5. Legal Aid Acknowledgment: Required when client may be eligible for legal aid
6. GST Treatment: Detailed GST provisions when dealing with registered entities or complex arrangements
7. Third Party Obligations: Required when third parties may have claims on settlement proceeds
1. Schedule 1 - Matter Description: Detailed description of the legal matter and scope of work
2. Schedule 2 - Fee Calculation: Detailed breakdown of how contingency fee will be calculated with examples
3. Schedule 3 - Disbursements Schedule: List of anticipated disbursements and their treatment
4. Schedule 4 - Client Authority: Client's formal authorization for specific actions
5. Appendix A - Costs Estimate: Estimated disbursements and other costs (required by NZ Law Society rules)
6. Appendix B - Information for Clients: Standard client care and service information required by NZ Law Society
Authors
Legal Services
Personal Injury
Commercial Litigation
Employment Law
Class Actions
Insurance
Professional Services
Dispute Resolution
Corporate Law
Civil Litigation
Legal
Compliance
Risk Management
Finance
Operations
Client Services
Dispute Resolution
Contracts Administration
Professional Standards
Legal Operations
Managing Partner
Legal Director
Senior Counsel
Litigation Partner
Chief Legal Officer
Legal Risk Manager
Compliance Officer
Practice Manager
Finance Director
Client Relationship Manager
Legal Operations Manager
Contract Manager
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