Contingency Retainer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Contingency Retainer Agreement

"I need a Contingency Retainer Agreement for a commercial litigation matter where my law firm will represent a technology startup in a patent dispute, with a success fee of 25% if we achieve a settlement or court award over $500,000."

Document background
The Contingency Retainer Agreement serves as a crucial document in New Zealand legal practice, particularly in situations where clients seek legal representation but prefer or require alternative fee arrangements to traditional hourly billing. This agreement type is commonly used in litigation, dispute resolution, and recovery matters, where the lawyer's fee is contingent upon achieving a successful outcome. The document must comply with the Lawyers and Conveyancers Act 2006 and associated professional conduct rules, while clearly defining the scope of services, success criteria, fee calculation methods, and risk allocation. It provides accessibility to legal services for clients who might otherwise be unable to afford representation, while ensuring law firms can manage risks and resources effectively. The agreement includes specific provisions for disbursements, termination rights, and client obligations, tailored to the New Zealand legal context.
Suggested Sections

1. Parties: Identification of the law firm and the client, including full legal names and contact details

2. Background: Context of the legal matter and purpose of the contingency fee arrangement

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

4. Scope of Services: Detailed description of legal services to be provided and the specific matter being handled

5. Contingency Fee Structure: Clear explanation of the percentage-based fee arrangement, including how and when it applies

6. Payment Terms: Conditions for payment, calculation method, and timing of fee collection upon successful outcome

7. Disbursements and Expenses: Treatment of out-of-pocket expenses and third-party costs

8. Client Obligations: Client's responsibilities, including providing information and cooperation

9. Termination: Circumstances under which either party may terminate the agreement and the consequences

10. Confidentiality: Obligations regarding confidential information and privacy

11. General Provisions: Standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Multiple Party Provisions: Required when representing multiple clients in the same matter, addressing potential conflicts and fee splitting

2. Third Party Funding: Needed when litigation funding is involved, describing the relationship with funders

3. Appeal Proceedings: Included when the scope may extend to appeal proceedings, specifying whether these are covered under the same or different fee arrangements

4. Referral Arrangements: Required when there are referral relationships with other professionals or firms

5. Alternative Fee Arrangements: Used when offering alternative payment options if contingency conditions are not met

6. International Elements: Required for matters involving multiple jurisdictions or international aspects

Suggested Schedules

1. Schedule 1 - Fee Calculation Examples: Detailed examples showing how the contingency fee will be calculated in various scenarios

2. Schedule 2 - Disbursements Schedule: List of anticipated disbursements and their estimated costs

3. Schedule 3 - Client Authority Form: Standard form for client authorization and consent to specific actions

4. Schedule 4 - Key Personnel: List of key lawyers and staff assigned to the matter with their roles

5. Appendix A - Relevant Court Guidelines: Any applicable court guidelines or rules regarding contingency fees

6. Appendix B - Client Care Information: Standard client care information required by the NZ Law Society

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

Insurance

Financial Services

Professional Services

Healthcare

Construction

Manufacturing

Technology

Real Estate

Mining and Resources

Retail and Consumer

Transport and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Business Development

Client Services

Procurement

Executive Leadership

Administrative Support

Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Litigation Manager

Risk Manager

Compliance Officer

Contract Manager

Legal Operations Manager

Practice Manager

Managing Partner

Chief Financial Officer

Chief Executive Officer

Business Development Manager

Claims Manager

Project Manager

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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