Conditional Fee Agreement Template for Belgium

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Key Requirements PROMPT example:

Conditional Fee Agreement

"I need a Conditional Fee Agreement for a Belgian technology startup client, with a basic fee of 30% of standard rates and a success fee of 15% of the recovered amount in their upcoming patent infringement litigation, to be effective from March 2025."

Document background
The Conditional Fee Agreement is essential for legal practices operating in Belgium where pure contingency fee arrangements are prohibited, but mixed fee structures are permitted. This document is typically used when clients seek alternative fee arrangements to traditional hourly billing, particularly in litigation, corporate transactions, or complex advisory matters. It must comply with the Belgian Judicial Code, Bar Association regulations, and EU consumer protection directives. The agreement includes detailed provisions on fee calculation methods, success criteria, payment terms, and professional obligations. It's particularly relevant for cases where the outcome is uncertain or where clients prefer to align legal fees with successful results. The document must carefully balance the Belgian legal profession's ethical requirements with practical commercial considerations.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including 'Success', 'Basic Fees', 'Success Fees', and 'Disbursements'

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

5. Fee Structure: Explanation of the basic fee and success fee calculation methods, including percentages and payment terms

6. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering additional fees

7. Payment Terms: Timing and method of payment for both basic fees and success fees

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

9. Termination: Circumstances under which the agreement can be terminated and the consequences

10. Professional Obligations: Reference to lawyer's professional duties and compliance with Bar regulations

11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

Optional Sections

1. Third Party Funding: Required if the client is using litigation funding to finance the legal fees

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

3. International Elements: Required when the matter involves cross-border elements or multiple jurisdictions

4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration of fee disputes

5. Conflict of Interest Provisions: Required when there are potential conflicts that need to be disclosed and managed

Suggested Schedules

1. Schedule 1 - Fee Calculation Methods: Detailed breakdown of how basic fees and success fees are calculated

2. Schedule 2 - Scope of Work: Detailed description of the legal services, including any excluded services

3. Schedule 3 - Disbursements: List of anticipated disbursements and their treatment under the agreement

4. Schedule 4 - Team Members: List of lawyers and their hourly rates (if applicable)

5. Appendix A - Client Care Letter: Standard terms of business and client care information required by the Belgian Bar

6. Appendix B - Risk Assessment: Assessment of case prospects and risks affecting the conditional fee arrangement

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 legal definitions
Clauses
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Professional Services

Insurance

Financial Services

Construction

Manufacturing

Technology

Healthcare

Real Estate

Energy

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Business Development

Operations

Corporate Affairs

Client Relations

Procurement

Relevant Roles

Legal Counsel

Managing Partner

Chief Legal Officer

Litigation Partner

Corporate Lawyer

Risk Manager

Compliance Officer

General Counsel

Finance Director

Contract Manager

Business Development Manager

Chief Financial Officer

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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