Conditional Fee Agreement Template for Austria

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Key Requirements PROMPT example:

Conditional Fee Agreement

"I need a Conditional Fee Agreement for a software patent dispute case, with a 15% success fee based on damages awarded and a minimal base fee, to be effective from March 1, 2025, compliant with Austrian law and including specific milestone-based payment triggers."

Document background
The Conditional Fee Agreement is a specialized legal document used in Austria to establish alternative fee arrangements between legal service providers and their clients. This agreement type is particularly relevant when clients seek to align legal costs with successful outcomes, though it must operate within Austria's more conservative regulatory framework compared to some other jurisdictions. The document becomes necessary when parties wish to structure legal fees based on defined success criteria, typically in litigation, dispute resolution, or other significant legal matters. It includes comprehensive details about fee calculations, success definitions, payment terms, and risk allocation, while ensuring compliance with Austrian legal requirements, particularly the Austrian Attorneys' Act (RAO) and related professional regulations. The agreement is especially useful for cases where traditional hourly billing may not be optimal or where client and attorney interests need to be closely aligned.
Suggested Sections

1. Parties: Identification of the attorney/law firm and the client, including full legal names, addresses, and registration details

2. Background: Context of the legal matter and purpose of the conditional fee arrangement

3. Definitions: Key terms used in the agreement, including 'Success', 'Base Fee', 'Success Fee', and other relevant terminology

4. Scope of Services: Detailed description of the legal services to be provided

5. Success Criteria: Clear and specific definition of what constitutes 'success' for the purpose of triggering the conditional fee

6. Fee Structure: Detailed explanation of the base fee (if any) and the conditional fee arrangement, including calculation methods

7. Payment Terms: Timing and method of payment, including handling of disbursements and third-party costs

8. Client Responsibilities: Client's obligations including providing information, documents, and cooperation

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Conflict Resolution: Specific procedures for resolving disputes, used when parties want to specify mediation or particular arbitration procedures

2. Third Party Funding: Terms relating to any third-party litigation funding, included when external funding is involved

3. Insurance Arrangements: Details of any relevant legal expenses insurance, included when insurance is part of the arrangement

4. Multiple Party Provisions: Additional terms for cases involving multiple clients, used when representing more than one party

5. Regulatory Compliance: Specific provisions relating to regulatory requirements, included for regulated industries or matters

6. Confidentiality: Detailed confidentiality provisions, included when handling sensitive information or at client's request

Suggested Schedules

1. Schedule 1 - Fee Calculation: Detailed methodology for calculating the conditional fee, including percentages, thresholds, and examples

2. Schedule 2 - Success Criteria Details: Comprehensive description of success scenarios and corresponding fee implications

3. Schedule 3 - Disbursements: List of anticipated disbursements and how they will be handled

4. Schedule 4 - Service Scope Details: Detailed breakdown of included and excluded services

5. Appendix A - Power of Attorney: Standard power of attorney form as required under Austrian law

6. Appendix B - Client Information Form: Required client information and verification documents

Authors

Alex Denne

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

Relevant Industries

Legal Services

Financial Services

Insurance

Construction

Real Estate

Manufacturing

Technology

Healthcare

Energy

Telecommunications

Professional Services

Retail

Transportation

Relevant Teams

Legal

Finance

Compliance

Risk Management

Operations

Business Development

Corporate Governance

Procurement

Executive Management

Dispute Resolution

Relevant Roles

General Counsel

Legal Director

Chief Legal Officer

Head of Legal

Legal Operations Manager

Chief Financial Officer

Managing Partner

Senior Partner

Litigation Partner

Risk Manager

Compliance Officer

Legal Project Manager

Finance Director

Corporate Secretary

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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