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Contingency Fee Retainer Agreement Template for England and Wales

A Contingency Fee Retainer Agreement is a legal contract governed by England and Wales law that establishes a fee arrangement where the lawyer's compensation is contingent upon a successful outcome of the case. The agreement specifies the percentage of recoveries that will be paid as fees, subject to statutory caps (25% for personal injury, 50% for commercial cases, 35% for employment matters). It must comply with the Damages-Based Agreements Regulations 2013 and related legislation, providing clear terms for fee calculation, payment timing, and risk allocation.

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What is a Contingency Fee Retainer Agreement?

The Contingency Fee Retainer Agreement is essential when establishing 'no win, no fee' arrangements between lawyers and clients in England and Wales. This document is commonly used in litigation matters where clients seek legal representation but prefer or require fee arrangements tied to successful outcomes. It must comply with strict regulatory requirements under the Courts and Legal Services Act 1990 and Damages-Based Agreements Regulations 2013. The agreement details fee percentages, defines success criteria, explains cost responsibilities, and addresses risk allocation. It's particularly relevant for commercial disputes, personal injury cases, and employment matters, each subject to different statutory caps on fee percentages.

What sections should be included in a Contingency Fee Retainer Agreement?

1. Parties: Identification of the law firm and client

2. Background: Context of the legal matter and basis for engagement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of legal services to be provided

5. Fee Structure: Contingency fee percentage and calculation method

6. Payment Terms: When and how payment will be made from recoveries

7. Costs and Disbursements: Treatment of external costs and expenses

8. Termination: Circumstances and process for ending the agreement

What sections are optional to include in a Contingency Fee Retainer Agreement?

1. Insurance Arrangements: Details of any ATE insurance, used when client requires coverage

2. Third Party Funding: Details of any litigation funding arrangements

3. Counsel Fees: Treatment of barrister fees and their incorporation into the fee structure

What schedules should be included in a Contingency Fee Retainer Agreement?

1. Schedule 1: Fee Calculations: Detailed examples of fee calculations in different scenarios

2. Schedule 2: Excluded Services: List of services not covered by the agreement

3. Schedule 3: Risk Assessment: Analysis of case prospects and risks

4. Appendix A: Client Care Letter: Standard terms of business and regulatory information

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

黑料视频

Sector

Marketing

Cost

Free to use

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