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Conditional Fee Agreement
"I need a Conditional Fee Agreement under Indonesian law for a commercial litigation case, where the success fee is 20% of any amount recovered above IDR 5 billion, with the agreement to commence from January 1, 2025."
1. Parties: Identification of the advocate/law firm and the client, including their full legal names and addresses
2. Background: Context of the legal matter and the basis for entering into a conditional fee arrangement
3. Definitions: Key terms used in the agreement, including 'Success', 'Conditional Fee', 'Basic Fee' and 'Success Fee'
4. Scope of Services: Detailed description of the legal services to be provided and the specific matter being handled
5. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering the conditional fee
6. Fee Structure: Detailed breakdown of the fee arrangement, including any basic fees and the conditional success fee calculation
7. Payment Terms: Timing and method of payment, including when success fees become payable
8. Expenses and Disbursements: Treatment of case-related expenses and how they will be handled
9. Obligations of the Parties: Respective responsibilities of the advocate and client
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes
1. Risk Sharing Provisions: Additional provisions detailing how risks and costs will be shared in case of unsuccessful outcome
2. Alternative Dispute Resolution: Provisions for mediation or arbitration before resort to courts
3. Insurance Arrangements: Details of any professional indemnity insurance relevant to the engagement
4. Conflict of Interest: Specific provisions dealing with potential conflicts of interest
5. Client Money Handling: Provisions regarding the handling of client funds if required for the matter
6. Confidentiality: Additional confidentiality provisions beyond standard professional obligations
1. Schedule 1 - Fee Calculation: Detailed methodology for calculating the conditional fee and examples
2. Schedule 2 - Scope of Work: Detailed breakdown of the legal services to be provided
3. Schedule 3 - Success Criteria Details: Comprehensive description of success scenarios and corresponding fee implications
4. Schedule 4 - Expenses Schedule: List of anticipated expenses and their treatment under the agreement
5. Appendix A - Client Care Information: Standard information about client care and complaints procedures
6. Appendix B - Risk Assessment: Assessment of case risks and potential outcomes
Authors
Advocate
Basic Fee
Business Day
Client
Conditional Fee
Disbursements
Effective Date
Expenses
Final Determination
Legal Proceedings
Legal Services
Matter
Parties
Professional Rules
Relevant Documentation
Services
Success
Success Criteria
Success Fee
Successful Outcome
Term
Termination Date
Unsuccessful Outcome
Working Hours
PERADI
Indonesian Advocates Code of Ethics
Uplift
Risk Assessment
Court Fees
Expert Fees
Settlement
Dispute
Claim
Recovered Amount
Recovery
Opponent
Appointment
Duration
Scope of Services
Success Criteria
Fee Structure
Basic Fees
Success Fees
Payment Terms
Disbursements and Expenses
Client Obligations
Advocate Obligations
Risk Allocation
Termination
Consequences of Termination
Professional Conduct
Confidentiality
Conflict of Interest
Data Protection
Record Keeping
Client Money
Insurance
Force Majeure
Assignment and Subcontracting
Notices
Entire Agreement
Severability
Amendments
Waiver
Governing Law
Dispute Resolution
Third Party Rights
Anti-Corruption
Client Care
Compliance with Laws
Legal Services
Professional Services
Construction
Real Estate
Mining
Infrastructure
Manufacturing
Technology
Financial Services
Insurance
Telecommunications
Energy
Legal
Finance
Compliance
Risk Management
Corporate Secretariat
Operations
Business Development
Project Management
Executive Leadership
Corporate Affairs
General Counsel
Legal Director
Chief Legal Officer
Head of Legal
Corporate Secretary
Chief Financial Officer
Risk Manager
Compliance Officer
Managing Director
Finance Director
Project Manager
Contract Manager
Legal Operations Manager
Business Development Manager
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