Partial Contingency Fee Agreement Generator for England and Wales

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Key Requirements PROMPT example:

Partial Contingency Fee Agreement

"Need a Partial Contingency Fee Agreement for a commercial dispute matter where the client will pay 60% fixed fees and 40% success-based fees, with ATE insurance provisions to be included for a case starting in March 2025."

Document background
Partial Contingency Fee Agreements are commonly used in England and Wales when clients seek to manage legal costs while maintaining access to justice. This hybrid fee structure provides flexibility by combining traditional fixed fees with performance-based elements, making legal services more accessible while ensuring law firms receive some guaranteed compensation. The agreement typically details payment structures, success criteria, risk allocation, and termination provisions, all while complying with relevant legislation including the Courts and Legal Services Act 1990 and associated regulations.
Suggested Sections

1. Parties: Identification of the law firm and client

2. Background: Context of the agreement and nature of the legal matter

3. Definitions: Key terms used throughout the agreement including 'Success', 'Contingency Fee', and 'Basic Fees'

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

5. Fee Structure: Breakdown of fixed fees and contingency elements, including percentages and calculation methods

6. Success Criteria: Clear definition of what constitutes success for contingency purposes

7. Payment Terms: Timing and method of payment, including treatment of disbursements

8. Client Obligations: Client's responsibilities and duties throughout the engagement

9. Termination: Circumstances and process for ending the agreement, including payment obligations

Optional Sections

1. Insurance Arrangements: Details of any after-the-event insurance arrangements when required

2. Third Party Funding: Details of any external funding arrangements when applicable

3. Counsel's Fees: Arrangements for barrister fees when counsel will be instructed

Suggested Schedules

1. Schedule 1 - Fee Calculation: Detailed breakdown of fee structure and calculations including examples

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

3. Appendix A - Risk Assessment: Assessment of case prospects and associated risks

4. Appendix B - Client Care Information: Standard client care information required by the Solicitors Regulation Authority

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

Industries

Courts and Legal Services Act 1990: Primary legislation providing the statutory framework for conditional fee agreements, particularly Section 58. This is fundamental for the validity of any contingency fee arrangement in England and Wales.

Civil Procedure Rules (CPR): Rules governing civil litigation in England and Wales, with specific provisions relating to costs and funding arrangements that must be considered in fee agreements.

Solicitors Act 1974: Legislation governing solicitors' practice including provisions regarding fees and remuneration arrangements with clients.

Legal Services Act 2007: Modern framework legislation for legal services regulation in England and Wales, including provisions affecting fee arrangements and client relationships.

Damages-Based Agreements Regulations 2013: While specifically for DBAs, these regulations provide important context for fee caps and regulatory framework in contingency arrangements.

The Conditional Fee Agreements Order 2013: Statutory instrument setting out specific requirements for valid Conditional Fee Agreements, which is relevant for partial contingency arrangements.

SRA Code of Conduct: Professional regulations governing solicitors' behavior, including requirements for transparency and fairness in fee arrangements and client care obligations.

Consumer Protection Regulations: Including Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, protecting client interests in professional service agreements.

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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