Success Fee Agreement for the United Kingdom

Success Fee Agreement Template for England and Wales

A Success Fee Agreement is a legally binding document governed by the laws of England and Wales that establishes the terms under which a legal service provider will charge an additional fee contingent upon achieving a specified successful outcome. The agreement complies with the Courts and Legal Services Act 1990 and LASPO 2012, including statutory caps on success fees. It details the base fees, success fee calculation method, definition of success, and payment terms, while ensuring compliance with SRA regulations and consumer protection laws.

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What is a Success Fee Agreement?

Success Fee Agreements are commonly used in England and Wales to align the interests of legal service providers and clients by linking additional fees to successful outcomes. These agreements, regulated under various statutes including LASPO 2012, provide clarity on fee structures while protecting client interests. A Success Fee Agreement typically includes detailed provisions on success criteria, fee calculations, risk assessment, and payment terms, making them particularly valuable in litigation, personal injury cases, and commercial disputes where traditional fee arrangements might limit access to legal services.

What sections should be included in a Success Fee Agreement?

1. Parties: Identifies the legal service provider and client

2. Background: Explains the context of the legal matter and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Success', 'Success Fee', and other relevant terminology

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

5. Success Fee Calculation: Explains how the success fee will be calculated, applicable caps, and payment conditions

6. Payment Terms: Specifies when and how payments will be made, including base costs and success fee arrangements

7. Definition of Success: Clearly defines what constitutes 'success' that triggers the additional fee payment

What sections are optional to include in a Success Fee Agreement?

1. Insurance Arrangements: Details of any after-the-event insurance arrangements and related obligations

2. Third Party Funding: Details of any third-party funding arrangements and associated requirements

3. Termination Rights: Specific termination provisions beyond standard terms

What schedules should be included in a Success Fee Agreement?

1. Fee Schedule: Detailed breakdown of base fees and success fee calculations

2. Risk Assessment: Assessment of case risks justifying the success fee percentage

3. Client Care Information: Standard client care information required by SRA

4. Scope of Work: Detailed description of services to be provided and any exclusions

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Clauses
Industries

Courts and Legal Services Act 1990: Primary legislation that introduced conditional fee agreements in England and Wales and provides the fundamental legal framework for success fees

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO): Reformed success fee rules, making them non-recoverable from losing parties and implementing a 25% cap on success fees in personal injury cases

Conditional Fee Agreements Order 2013: Provides detailed regulations on success fee calculations and establishes specific requirements for valid CFAs

Civil Procedure Rules (CPR): Contains procedural rules governing civil litigation, including specific provisions on costs and requirements for disclosure of funding arrangements

Damages-Based Agreements Regulations 2013: While primarily focused on DBAs, provides relevant context and comparison for success fee arrangements and percentage caps

Consumer Rights Act 2015: Ensures fair and transparent terms in agreements with individual clients, providing consumer protection provisions

SRA Code of Conduct: Sets out professional obligations for solicitors regarding fee arrangements and requirements for clear client communication

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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