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Conditional Fee Agreement

Conditional Fee Agreement Template for Canada

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Key Requirements PROMPT example:

Conditional Fee Agreement

I need a Conditional Fee Agreement for a corporate client in the mining sector, with a 25% success fee structure and specific provisions for multiple defendants, to be effective from March 1, 2025.

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Document background
The Conditional Fee Agreement (CFA) is a crucial document in Canadian legal practice that enables access to justice by allowing clients to pursue legal claims without upfront payment of all legal fees. This agreement is particularly valuable in civil litigation, personal injury cases, and commercial disputes where clients may not have the means to pay traditional hourly legal fees. The CFA establishes a risk-sharing arrangement where the lawyer's compensation is partially or fully dependent on achieving a successful outcome. The document must comply with provincial law society regulations, professional conduct rules, and relevant legislation governing legal fee arrangements. It includes detailed provisions for fee calculations, success criteria, risk assessment, and client obligations, while ensuring transparency and fairness in the lawyer-client relationship. The agreement is designed to protect both parties' interests while promoting access to legal services across various Canadian jurisdictions.
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 why the parties are entering into a conditional fee arrangement

3. Definitions: Key terms used throughout the agreement, including 'success', 'basic charges', 'success fee', and other relevant terminology

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

5. Success Criteria: Clear definition of what constitutes 'success' in the matter and triggers the payment obligation

6. Basic Charges: Explanation of how basic legal fees are calculated and recorded

7. Success Fee: Details of the additional fee payable upon achieving success, including calculation method and percentage

8. Disbursements and Expenses: Treatment of costs and expenses incurred during the matter

9. Billing and Payment Terms: Timeline and methods for billing and payment, including treatment of costs in case of early termination

10. Client's Obligations: Client's responsibilities including providing information and instructions

11. Termination: Circumstances under which either party may terminate the agreement and the consequences

12. Governing Law: Specification that the agreement is governed by Canadian law and the applicable provincial jurisdiction

Optional Sections

1. Insurance Coverage: Details of any applicable legal expense insurance, used when the client has insurance that may cover legal fees

2. Third Party Funding: Provisions regarding third-party litigation funding, included when external funding is involved

3. Multiple Clients: Special provisions for cases involving multiple clients, used when representing more than one party

4. Appeal Provisions: Terms covering potential appeals, included when appeals are likely or need specific treatment

5. Conflict Resolution: Specific dispute resolution procedures, included when parties want to specify mediation or arbitration processes

6. Assignment: Provisions regarding transfer of rights under the agreement, included when assignment possibilities need to be addressed

Suggested Schedules

1. Schedule A - Hourly Rates: Detailed breakdown of hourly rates for different levels of legal professionals

2. Schedule B - Success Fee Calculation: Detailed methodology and examples of how the success fee will be calculated

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

4. Appendix 1 - Risk Assessment: Analysis of the case risks and justification for the conditional fee structure

5. Appendix 2 - Client Care Information: Details of complaint procedures and client care policies

6. Appendix 3 - Regulatory Disclosure: Required regulatory disclosures and client rights information as per provincial law society requirements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Insurance

Financial Services

Professional Services

Healthcare

Construction

Manufacturing

Real Estate

Technology

Mining

Energy

Retail

Transportation

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Litigation

Legal Operations

Contract Management

Regulatory Affairs

Professional Services

Finance

Relevant Roles

Lawyer

Legal Counsel

Managing Partner

Litigation Partner

Associate Lawyer

Legal Director

Compliance Officer

Risk Manager

Contract Manager

General Counsel

Corporate Secretary

Legal Operations Manager

Paralegal

Chief Legal Officer

Practice Group Leader

Industries
Law Society Act: Provincial legislation that governs the regulation of the legal profession and provides the framework for fee arrangements between lawyers and clients
Rules of Professional Conduct: Professional guidelines established by provincial law societies that set out ethical obligations and professional responsibilities regarding fee arrangements and client relations
Solicitors Act: Provincial legislation that specifically addresses fee arrangements between lawyers and clients, including provisions for contingency fee agreements
Consumer Protection Act: Provincial legislation that protects consumers in various transactions, including professional services agreements
Class Proceedings Act: Relevant where CFAs are used in class action cases, setting out specific requirements for fee arrangements in class proceedings
Court Rules: Provincial rules of civil procedure that may impact fee arrangements and their enforcement
Legal Profession Act: Provincial legislation that governs the practice of law and includes provisions about fee arrangements and client billing
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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