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Conditional Fee Agreement
"I need a Conditional Fee Agreement for a corporate client in a commercial litigation matter, with a success fee of 80% above normal fees, to commence from March 2025, including specific provisions for handling expert witness costs and multiple counsel fees."
1. Parties: Identification of the legal practitioner/firm and the client, including full contact details and registration/identity numbers
2. Background: Context of the legal matter and the reason for entering into a conditional fee arrangement
3. Definitions: Definition of key terms including 'success', 'normal fees', 'success fee', and other relevant terms
4. Scope of Legal Services: Detailed description of the legal services to be provided under the agreement
5. Success Criteria: Clear definition of what constitutes 'success' in the matter, as required by the Contingency Fees Act
6. Fee Structure: Detailed explanation of the normal fees and how the success fee will be calculated, ensuring compliance with the 100% cap under the Contingency Fees Act
7. Payment Terms: Terms and conditions for payment, including timing and method of payment
8. Client's Rights and Obligations: Outline of the client's responsibilities and statutory rights under the agreement
9. Attorney's Rights and Obligations: Outline of the attorney's responsibilities and obligations under the agreement
10. Termination: Conditions under which the agreement can be terminated and the consequences thereof
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement clause
1. Multiple Party Provisions: Required when there are multiple clients or parties involved in the matter
2. Disbursements: Detailed section on how disbursements will be handled and charged, if not included in the main fee structure
3. Insurance Arrangements: Required when there is adverse costs insurance or other relevant insurance in place
4. Settlement Authority: Optional provisions regarding the attorney's authority to settle the matter
5. Conflict Resolution: Detailed dispute resolution procedures beyond the standard court jurisdiction
6. File Retention: Specific provisions about retention of files and documents after the matter concludes
1. Schedule A - Fee Calculation: Detailed breakdown of normal fees, hourly rates, and success fee calculations
2. Schedule B - Success Criteria Details: Detailed explanation and examples of what constitutes success in the matter
3. Schedule C - Disbursements Schedule: List of anticipated disbursements and how they will be handled
4. Appendix 1 - Client Care Letter: Standard client care information as required by the Law Society
5. Appendix 2 - Risk Assessment: Assessment of the risks involved in the matter and likelihood of success
6. Appendix 3 - Comparison of Fee Arrangements: Comparison between conditional fee arrangement and traditional fee arrangements as required by the Contingency Fees Act
Authors
Attorney
Business Day
Client
Commencement Date
Costs
Disbursements
Effective Date
Legal Proceedings
Legal Services
Matter
Normal Fees
Parties
Professional Services
Proceedings
Recovery
Settlement
Success
Success Fee
Success Rate
Termination Date
Uplift Fee
VAT
Working Hours
Law Society
Legal Practice Council
Contingency Fees Act
Base Rate
Client Care Letter
Confidential Information
Court Order
Damages
Fee Agreement
File
Instructions
Judgment
Party/Parties
Risk Assessment
Schedule of Costs
Scope of Work
Terms of Engagement
Appointment
Scope of Services
Success Criteria
Fee Structure
Payment Terms
Success Fee Calculation
Disbursements
Client Money
Risk Assessment
Client Obligations
Attorney Obligations
Termination
Professional Indemnity
Confidentiality
Data Protection
File Retention
Conflicts of Interest
Settlement Authority
Communications
Insurance
Limitation of Liability
Assignment
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Variation
Notices
Waiver
Third Party Rights
Counterparts
Legal Services
Insurance
Financial Services
Mining
Construction
Healthcare
Manufacturing
Real Estate
Technology
Retail
Professional Services
Education
Legal
Finance
Risk Management
Compliance
Operations
Client Services
Practice Management
Business Development
Accounts
Administration
Legal Director
General Counsel
Head of Legal
Senior Legal Counsel
Legal Operations Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Managing Partner
Senior Partner
Litigation Partner
Legal Practice Manager
Contract Manager
Practice Development Manager
Financial Controller
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