Retainer And Contingency Fee Agreement Template for Nigeria

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Key Requirements PROMPT example:

Retainer And Contingency Fee Agreement

"I need a Retainer and Contingency Fee Agreement for my tech startup's upcoming patent litigation matter, with a monthly retainer of ₦500,000 and a 25% contingency fee on successful recovery, compliant with Nigerian law."

Document background
The Retainer and Contingency Fee Agreement is essential for establishing professional relationships between legal practitioners and clients in Nigeria where a combined fee structure is desired. This document is typically used when clients require ongoing legal services (covered by the retainer) while also having specific matters where payment is contingent on success (covered by the contingency fee). The agreement must comply with Nigerian legal requirements, particularly the Legal Practitioners Act and Rules of Professional Conduct, which govern fee arrangements and professional relationships. It's commonly used in litigation, corporate matters, and complex legal proceedings where both regular access to legal counsel and outcome-based compensation are appropriate. The document includes detailed provisions on fee calculations, payment terms, scope of services, and professional obligations, ensuring transparency and enforceability under Nigerian law.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the client's legal matter

3. Definitions: Key terms used throughout the agreement including 'Retainer Fee', 'Contingency Fee', 'Legal Services', etc.

4. Scope of Services: Detailed description of legal services covered under the agreement

5. Retainer Fee Arrangement: Details of the retainer amount, payment schedule, and what it covers

6. Contingency Fee Structure: Percentage of recovery as contingency fee, calculation method, and circumstances triggering payment

7. Client Responsibilities: Client's obligations including providing information, documents, and maintaining communication

8. Attorney Rights and Responsibilities: Law firm's/attorney's obligations and professional commitments

9. Costs and Expenses: Treatment of case-related expenses and distinction from legal fees

10. Billing and Payment Terms: Detailed payment procedures, timing, and acceptable payment methods

11. Term and Termination: Duration of agreement and circumstances for termination by either party

12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Party Provisions: Required when there are multiple clients or attorneys involved in the agreement

2. Conflict Resolution: Detailed dispute resolution procedures, including mediation or arbitration provisions

3. Referral Arrangements: Needed when case referral to other attorneys may be necessary

4. Insurance and Indemnification: Provisions regarding professional liability insurance and mutual indemnification

5. Confidentiality: Detailed confidentiality provisions beyond standard attorney-client privilege

6. File Retention: Specific terms for maintaining and disposing of client files

7. Power of Attorney: When specific authority is needed to act on client's behalf

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of retainer amounts, contingency percentages, and payment milestones

2. Schedule B - Scope of Work: Detailed description of legal services and matters covered

3. Schedule C - Excluded Services: List of legal services specifically excluded from the agreement

4. Appendix 1 - Expense Policy: Detailed policy on billable expenses and reimbursement procedures

5. Appendix 2 - Client Communication Protocol: Guidelines for client-attorney communication and response times

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 legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Real Estate

Construction

Manufacturing

Technology

Healthcare

Energy

Mining

Telecommunications

Transportation

Agriculture

Entertainment

Education

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Executive Leadership

Finance

Operations

Corporate Affairs

Human Resources

Business Development

Project Management

Relevant Roles

General Counsel

Legal Director

Chief Legal Officer

Corporate Secretary

Legal Manager

Compliance Officer

Risk Manager

Chief Executive Officer

Chief Financial Officer

Managing Director

Operations Director

Project Manager

Contract Manager

Business Development Manager

Human Resources Director

Industries
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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