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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."
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
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
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
Business Day
Client
Claim
Commencement Date
Conditions Precedent
Confidential Information
Contingency Fee
Disbursements
Dispute
Early Termination Fee
Excluded Services
Force Majeure Event
GST
Law Firm
Legal Proceedings
Legal Services
Matter
Net Recovery
Opposition Costs
Parties
Professional Conduct Rules
Recovery
Referring Party
Related Proceedings
Relevant Jurisdiction
Settlement
Success
Success Fee
Success Rate
Term
Termination Date
Third Party Costs
Third Party Funding
Trust Account
Uplift Fee
Appointment
Scope of Services
Contingency Fee
Success Criteria
Fee Calculation
Disbursements
Client Funds
Trust Account
Payment Terms
Client Obligations
Law Firm Obligations
Professional Conduct
Conflicts of Interest
Confidentiality
Privacy
Intellectual Property
Record Keeping
Communication
Electronic Communication
Third Party Costs
Settlement Authority
Termination
Consequences of Termination
Force Majeure
Assignment
Entire Agreement
Amendment
Severability
Governing Law
Dispute Resolution
Notices
GST and Taxation
Insurance
Indemnification
Risk Allocation
Client Acknowledgments
Professional Undertakings
Legal Services
Insurance
Financial Services
Professional Services
Healthcare
Construction
Manufacturing
Technology
Real Estate
Mining and Resources
Retail and Consumer
Transport and Logistics
Legal
Compliance
Risk Management
Finance
Operations
Business Development
Client Services
Procurement
Executive Leadership
Administrative Support
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
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