Personal Injury Fee Agreement Template for Philippines

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Key Requirements PROMPT example:

Personal Injury Fee Agreement

"I need a Personal Injury Fee Agreement for a Manila-based law firm representing multiple clients in a bus accident case, with a tiered contingency fee structure starting at 25% and increasing to 35% if the case goes to trial, to be effective March 2025."

Document background
The Personal Injury Fee Agreement is essential for establishing the professional relationship between attorneys and clients in personal injury cases within the Philippine legal system. This document is typically used when an individual seeks legal representation for injuries sustained due to accidents, negligence, or intentional acts. It outlines the contingency fee structure, where the attorney's payment is contingent upon successful recovery of damages, typically ranging from 25% to 40% of the recovery amount as per Philippine legal practice. The agreement must comply with the Civil Code of the Philippines, the Code of Professional Responsibility, and relevant Supreme Court decisions regarding attorney's fees. It includes crucial provisions for cost allocation, client rights, attorney obligations, and termination conditions, while ensuring transparency and fairness in the attorney-client relationship.
Suggested Sections

1. Parties: Identification of the Attorney/Law Firm and the Client, including complete contact details and professional credentials

2. Background: Brief description of the personal injury case and circumstances leading to the agreement

3. Definitions: Key terms used throughout the agreement including 'Recovery Amount', 'Costs', 'Contingency Fee', etc.

4. Scope of Legal Services: Detailed description of legal services to be provided in relation to the personal injury claim

5. Attorney's Fees: Structure of contingency fees, percentages, and when they become payable

6. Costs and Expenses: Outline of case-related expenses, how they will be handled, and who is responsible for payment

7. Client's Rights and Responsibilities: Clear statement of client's rights, including the right to terminate and responsibilities during the case

8. Attorney's Rights and Responsibilities: Detailed outline of attorney's obligations and rights in handling the case

9. Termination: Conditions and procedures for termination of the agreement by either party

10. Governing Law: Specification that the agreement is governed by Philippine law and relevant regulations

Optional Sections

1. Multiple Party Provisions: Required when there are multiple clients involved in the same personal injury case

2. Medical Records Authorization: Optional section authorizing the attorney to access medical records, useful for serious injury cases

3. Referral Arrangements: Required when there is fee-sharing with referring attorneys, must comply with ethical rules

4. Settlement Authority: Optional detailed provisions about attorney's authority in settlement negotiations

5. Alternative Fee Arrangements: Required when offering alternative fee structures besides standard contingency

6. Conflict Resolution: Optional section detailing dispute resolution procedures between attorney and client

7. Insurance Coordination: Optional section dealing with insurance claims and coordination of benefits

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of contingency fee percentages for different case outcomes and stages

2. Schedule B - Costs Schedule: Itemized list of potential costs and expenses that may be incurred during the case

3. Schedule C - Client Authorization Form: Standard authorization forms for releasing medical records and other relevant documents

4. Appendix 1 - Client's Rights: Mandatory disclosure of client's rights as required by Philippine law

5. Appendix 2 - Calculation Examples: Examples showing how fees and costs will be calculated in various scenarios

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

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