Contingency Retainer Agreement for the United States

Contingency Retainer Agreement Template for United States

A Contingency Retainer Agreement is a legal contract used in the United States that establishes the terms of representation between an attorney and client where the attorney's fee is contingent upon the successful outcome of the case. The agreement specifies the percentage of recovery that will constitute the attorney's fee, typically ranging from 25% to 40%, and outlines the handling of case-related expenses. This document must comply with state-specific legal requirements and bar association rules regarding fee arrangements and client communications.

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What is a Contingency Retainer Agreement?

The Contingency Retainer Agreement serves as a crucial document in U.S. legal practice, particularly in cases where clients may not have the means to pay traditional hourly legal fees. This agreement type is commonly used in personal injury, medical malpractice, and employment cases, where the attorney assumes the financial risk of litigation in exchange for a percentage of the recovery. The document must detail fee percentages, expense handling, scope of services, and termination conditions while complying with state-specific legal requirements and professional conduct rules. It provides protection for both attorney and client by clearly defining the terms of representation and payment structure.

What sections should be included in a Contingency Retainer Agreement?

1. Parties: Identification of attorney/law firm and client with full legal names and addresses

2. Background: Brief description of the legal matter and reason for representation

3. Definitions: Key terms used throughout the agreement

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

5. Contingency Fee Structure: Percentage rates and calculation method for fees

6. Costs and Expenses: Handling of case-related expenses and client responsibilities

7. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Contingency Retainer Agreement?

1. Multiple Attorney Provisions: Terms for involving additional counsel when multiple attorneys may be involved in the case

2. Appeals Provisions: Terms for handling appeals when appeals might be anticipated

3. Alternative Dispute Resolution: Procedures for resolving attorney-client disputes when specific dispute resolution procedures are desired

What schedules should be included in a Contingency Retainer Agreement?

1. Fee Schedule: Detailed breakdown of contingency percentages for different stages or outcomes

2. Expense Schedule: List of anticipated expenses and their handling

3. Client Rights Notice: Required state-specific disclosures about client rights

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

United States

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Clauses
Industries

State Rules of Professional Conduct: State-specific ethical rules governing attorney conduct, including requirements for fee agreements, attorney fees, and attorney-client relationships. Each state bar maintains its own specific requirements.

ABA Model Rules: American Bar Association guidelines including Rule 1.5 (attorney fees), Rule 1.4 (client communications), and Rule 1.2 (scope of representation) that form the basis for most state professional conduct rules.

State Bar Guidelines: Specific requirements from state bar associations regarding contingency fee agreements, including maximum allowable percentages, required disclosures, and notifications to clients.

Federal Regulations: Federal laws affecting contingency fees, including Federal Tort Claims Act restrictions, Social Security Act fee limitations, and workers' compensation fee limitations.

State Consumer Protection Laws: State-specific laws protecting consumers, requiring clear disclosure of terms, cooling-off periods, and cancellation rights in legal service agreements.

State Contract Laws: Basic contract formation requirements, enforceability provisions, and statute of limitations considerations specific to the state where the agreement is executed.

Practice Area Regulations: Specific regulations governing fees in particular practice areas, such as personal injury fee limitations, medical malpractice fee caps, and class action fee rules.

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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