Hybrid Fee Agreement

Hybrid Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

"I need a Hybrid Fee Agreement for my law firm to represent a mining company in a commercial dispute, with a 60% standard hourly rate plus a 15% success fee if we win the case, starting March 2025."

Document background

The Hybrid Fee Agreement serves as a crucial document in South African legal practice, designed to provide flexibility in fee arrangements while maintaining compliance with relevant legislation. This agreement type is particularly useful in cases where clients seek risk-sharing arrangements with their legal representatives or where the nature of the matter requires a combination of routine legal work and outcome-based compensation. The document details both the fixed/hourly rate component and the success-based fee structure, ensuring clarity in fee calculations and payment obligations. It's commonly used in complex litigation, corporate transactions, and matters where the outcome may significantly impact the value of legal services rendered. The agreement must strictly adhere to the requirements of South African law, particularly the Contingency Fees Act and Legal Practice Council regulations.

Suggested Sections

1. Parties: Identification of the legal practitioner/firm and the client, including full details and registration/identification numbers

2. Background: Context of the legal matter and reason for entering into a hybrid fee arrangement

3. Definitions: Key terms used in the agreement, including 'success', 'hourly rates', 'contingency fee', and 'hybrid arrangement'

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

5. Fee Structure: Explanation of the hybrid fee arrangement, including hourly rates and contingency fee percentages

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

7. Payment Terms: Terms for billing, payment timing, and handling of disbursements

8. Costs and Disbursements: Treatment of court costs, expert fees, and other disbursements

9. Professional Obligations: Legal practitioner's duties, ethical obligations, and compliance with relevant laws

10. Termination: Circumstances and procedures for ending the agreement, including fee calculations upon termination

11. General Terms: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Third-Party Funding: Required when external funding is involved in financing the legal matter

2. Multiple Party Provisions: Needed when representing multiple clients in the same matter

3. Conflict Resolution: Detailed dispute resolution procedures, recommended for high-value matters

4. Risk Sharing: Specific provisions for sharing litigation risks, relevant for complex cases

5. Professional Indemnity: Extended provisions regarding professional insurance and liability

6. File Retention: Specific terms for document retention and file handling post-matter

7. Referral Arrangements: Required when matter involves referral from another practitioner

Suggested Schedules

1. Schedule A - Fee Calculation Method: Detailed breakdown of hourly rates, contingency percentages, and calculation examples

2. Schedule B - Scope of Work: Detailed description of legal services, phases, and deliverables

3. Schedule C - Disbursements Schedule: List of anticipated disbursements and their treatment

4. Schedule D - Team Structure: Details of legal team members and their respective roles and rates

5. Appendix 1 - Client Care Letter: Standard terms of engagement and client care information

6. Appendix 2 - Risk Assessment: Assessment of case prospects and associated risks

7. Appendix 3 - Compliance Certificate: Certificate confirming compliance with Contingency Fees Act requirements

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

Financial Services

Insurance

Mining

Construction

Healthcare

Manufacturing

Real Estate

Technology

Telecommunications

Professional Services

Energy

Transportation

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Corporate Affairs

Business Development

Project Management

Executive Management

Procurement

Relevant Roles

Legal Director

General Counsel

Chief Legal Officer

Legal Operations Manager

Corporate Lawyer

Litigation Manager

Risk Manager

Compliance Officer

Finance Director

Chief Financial Officer

Contract Manager

Business Development Manager

Project Manager

Company Secretary

Managing Partner

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