This Conditional Fee Agreement template is designed for use in the Danish legal market where success fee arrangements, while permitted, must be carefully structured to comply with local regulations. The document is typically used when a client and law firm wish to align interests by linking part of the legal fees to the outcome of a matter, such as in litigation, arbitration, or other significant legal proceedings. It includes comprehensive provisions on fee calculation, success criteria, risk allocation, and payment terms, all tailored to comply with Danish law requirements. The agreement is particularly relevant in cases where traditional hourly billing may not suit the client's needs or where risk-sharing between attorney and client is desired, while staying within the boundaries of what is permissible under Danish professional conduct rules.
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Key Requirements PROMPT example:
Conditional Fee Agreement
I need a Conditional Fee Agreement for a construction dispute litigation matter, with a 20% success fee structure on damages awarded above 2 million DKK, to be effective from March 1, 2025.
1. Parties: Identification of the attorney/law firm and the client, including full legal names, addresses, and registration numbers
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 'Costs'
4. Scope of Services: Detailed description of the legal services to be provided and the specific matter being handled
5. Fee Structure: Explanation of the conditional fee arrangement, including base rates, success fee calculation, and payment conditions
6. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering the success fee
7. Costs and Disbursements: Treatment of court fees, expert costs, and other disbursements
8. Billing and Payment Terms: Timing and method of billing, payment obligations, and handling of disbursements
9. Client Obligations: Client's responsibilities including providing information and cooperation
10. Professional Obligations: Attorney's professional duties and compliance with Danish legal ethics
11. Termination: Circumstances and procedures for ending the agreement, including fee implications
12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes
1. Third Party Funding: Required if external litigation funding is involved, detailing the funding arrangement and its impact on the fee structure
2. Insurance Coverage: Include when legal expenses insurance is relevant to the matter
3. Multiple Party Provisions: Required when representing multiple clients in the same matter
4. Conflict Resolution: Optional detailed dispute resolution procedure, including potential mediation steps
5. Assignment: Include if there's a possibility of assignment of rights or obligations
6. Confidentiality: Detailed confidentiality provisions when handling sensitive commercial matters
1. Fee Calculation Schedule: Detailed breakdown of base fees, success fee percentages, and calculation examples
2. Scope of Work: Detailed description of the legal services and specific deliverables
3. Client Care Information: Standard information about client care and complaints procedures
4. Power of Attorney: If required for specific actions on behalf of the client
5. Risk Assessment: Analysis of case prospects and associated risks affecting the fee arrangement
Authors
Relevant legal definitions
Agreement
Base Fee
Business Day
Client
Claim
Costs
Disbursements
Effective Date
Expert Costs
Law Firm
Legal Services
Matter
Opposing Party
Partner in Charge
Proceedings
Professional Rules
Relevant Courts
Success
Success Criteria
Success Fee
Success Fee Percentage
Term
Termination Date
Third Party Costs
Total Damages
Uplift
Win
Base Fee
Business Day
Client
Claim
Costs
Disbursements
Effective Date
Expert Costs
Law Firm
Legal Services
Matter
Opposing Party
Partner in Charge
Proceedings
Professional Rules
Relevant Courts
Success
Success Criteria
Success Fee
Success Fee Percentage
Term
Termination Date
Third Party Costs
Total Damages
Uplift
Win
Clauses
Appointment
Scope of Services
Fee Structure
Success Fee
Base Fee
Payment Terms
Success Criteria
Risk Allocation
Client Obligations
Professional Obligations
Costs and Disbursements
Billing
Termination
Conflicts of Interest
Confidentiality
Data Protection
Professional Indemnity
Record Keeping
Regulatory Compliance
Force Majeure
Assignment
Severability
Entire Agreement
Amendments
Notices
Governing Law
Jurisdiction
Third Party Rights
Client Money
Insurance
Anti-Money Laundering
Scope of Services
Fee Structure
Success Fee
Base Fee
Payment Terms
Success Criteria
Risk Allocation
Client Obligations
Professional Obligations
Costs and Disbursements
Billing
Termination
Conflicts of Interest
Confidentiality
Data Protection
Professional Indemnity
Record Keeping
Regulatory Compliance
Force Majeure
Assignment
Severability
Entire Agreement
Amendments
Notices
Governing Law
Jurisdiction
Third Party Rights
Client Money
Insurance
Anti-Money Laundering
Relevant Industries
Legal Services
Financial Services
Insurance
Construction
Real Estate
Manufacturing
Technology
Healthcare
Retail
Professional Services
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Finance
Compliance
Risk Management
Operations
Executive Management
Business Development
Procurement
Corporate Affairs
Relevant Roles
General Counsel
Legal Director
Head of Legal
Chief Legal Officer
Legal Operations Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Managing Partner
Senior Partner
Finance Director
Contract Manager
Business Development Director
Chief Executive Officer
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