Contingent Fee Agreement Sample

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

[Contingent Fee Agreement]

The undersigned, __________, (hereinafter known as Client) requests the legal services of __________
(hereinafter known as Attorney) for representation to assert a claim for damages against __________ arising
out of an occurrence on or about __________ in which Client was injured or claims to have sustained injury
and damage.
Attorney shall perform all reasonable, necessary and usual services in matters of this kind including, but not
limited to: investigation of facts, gathering of evidence, preparation of exhibits, interviewing witness(es),
compiling records of expenses, and negotiations with the adversarys insurance carrier or other representative.
If a settlement is not effected which is satisfactory to the Client, Attorney agrees to (specify: initiate alternative
dispute resolution proceedings, arbitration, or bring an action against) ___________________ to attain the
benefits provided by judicial oversight of the claim.
In connection with this, Attorney will file all necessary court papers, attend pretrial conferences and status
conferences, prepare appropriate interrogatories, requests for admissions and requests for production of
documents, attend and take appropriate depositions, and continue settlement negotiations. If a settlement
satisfactory to Client cannot be attained, Attorney agrees to try the case in the trial court unless permitted to
withdraw pursuant to the Mississippi Rules of Professional Conduct.
If a judgment in favor of Client is obtained in the trial court and the adversary appeals, Attorney shall provide
all appropriate services in resistance to the appeal, including review of the trial courts record, preparation of
appropriate briefs, and oral argument in the reviewing courts.
If the trial of the case should result in a judgment that is adverse to Client, Attorney shall not be obligated to
appeal. Attorney shall advise Client of the opinion concerning the advisability of appeal and may undertake
to provide services as appellate counsel under a new, separate and distinct FEE AGREEMENT.
The fee of Attorney shall be contingent upon the result obtained. There shall be no legal obligation by Client
to pay Attorney any fee if nothing is recovered from the adversary or from the Clients insurer in an
underinsured or uninsured situation.
However, Client is responsible for all expenses incurred in the prosecution of the claim. Client gives permission
to Attorney to advance the payment of costs and expenses, but Client acknowledges the Client remains
responsible for payment of said costs and expenses and agrees to reimburse Attorney for any such costs and
expense for which Attorney advances payment. Client may reimburse Attorney as costs and expenses are
incurred or, if Client reimburses Attorney upon settlement, Client agrees that such costs and expenses shall be
paid out of Client's portion of the settlement proceeds.
The legal fee of Attorney shall be _______ percent of the gross amount recovered, if settlement is achieved
without the necessity of filing suit; ________ percent of the gross settlement or judgment if it is necessary to
file suit; and ________ percent of the ultimate gross settlement or judgment following the trial and any appeal
undertaken by the adversary.
In the event of discharge by Client and in the event Client subsequently recovers money or other property as
a result of this action, Client shall be indebted to Attorney for legal fees based upon the value in (name of city,
state) of legal services rendered and for any costs and expenses advanced by Attorney.

Attorney reserves the right to withdraw from representation if Client fails to cooperate or follow Attorneys
advice on a material matter, or if any fact or circumstance arises or is discovered that would, in Attorneys
view, render continuing representation unlawful or unethical.
Date:
Date:
Date:

Client:
Attorney:
Witness:

You might also like