Contingency Fee Retainer Agreement Template for England and Wales

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Key Requirements PROMPT example:

Contingency Fee Retainer Agreement

"Need a Contingency Fee Retainer Agreement for a commercial dispute matter with a 40% success fee, including provisions for ATE insurance and third-party funding arrangements to commence in January 2025."

Document background
The Contingency Fee Retainer Agreement is essential when establishing 'no win, no fee' arrangements between lawyers and clients in England and Wales. This document is commonly used in litigation matters where clients seek legal representation but prefer or require fee arrangements tied to successful outcomes. It must comply with strict regulatory requirements under the Courts and Legal Services Act 1990 and Damages-Based Agreements Regulations 2013. The agreement details fee percentages, defines success criteria, explains cost responsibilities, and addresses risk allocation. It's particularly relevant for commercial disputes, personal injury cases, and employment matters, each subject to different statutory caps on fee percentages.
Suggested Sections

1. Parties: Identification of the law firm and client

2. Background: Context of the legal matter and basis for engagement

3. Definitions: Key terms used throughout the agreement

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

5. Fee Structure: Contingency fee percentage and calculation method

6. Payment Terms: When and how payment will be made from recoveries

7. Costs and Disbursements: Treatment of external costs and expenses

8. Termination: Circumstances and process for ending the agreement

Optional Sections

1. Insurance Arrangements: Details of any ATE insurance, used when client requires coverage

2. Third Party Funding: Details of any litigation funding arrangements

3. Counsel Fees: Treatment of barrister fees and their incorporation into the fee structure

Suggested Schedules

1. Schedule 1: Fee Calculations: Detailed examples of fee calculations in different scenarios

2. Schedule 2: Excluded Services: List of services not covered by the agreement

3. Schedule 3: Risk Assessment: Analysis of case prospects and risks

4. Appendix A: Client Care Letter: Standard terms of business and regulatory information

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Courts and Legal Services Act 1990: Primary legislation providing statutory framework for conditional fee agreements, particularly Section 58 which governs the legality and requirements of contingency fee arrangements

Legal Services Act 2007: Regulatory framework for legal service providers and practitioners in England and Wales, setting out the requirements for authorized persons to provide legal services

Solicitors Act 1974: Fundamental legislation governing solicitors' conduct and fee arrangements, including requirements for client billing and cost information

Damages-Based Agreements Regulations 2013: Specific regulations governing DBAs, including maximum fee percentages (25% for personal injury, 50% for commercial cases, 35% for employment) and mandatory agreement contents

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, particularly relevant sections relating to costs and funding arrangements

SRA Code of Conduct: Professional conduct rules from the Solicitors Regulation Authority specifying requirements for fee arrangements and transparency obligations with clients

Consumer Rights Act 2015: Legislation ensuring fairness and transparency in consumer contracts, applicable to client retainer agreements and fee arrangements

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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