Contingency Fee Agreements Clause Samples

A contingency fee agreement is a contractual arrangement where a lawyer's payment is dependent on the successful outcome of a case, typically as a percentage of the amount recovered. In practice, this means the client does not pay legal fees upfront; instead, the lawyer is compensated only if the case is won or settled favorably. This type of clause is commonly used in personal injury or civil litigation cases, making legal representation accessible to clients who may not have the resources to pay hourly fees. Its core function is to align the interests of the lawyer and client while reducing the client's financial risk in pursuing a legal claim.
Contingency Fee Agreements. In contingency fee agreements, Section 6147 of the Business and Professions Code contains the same requirements as non-contingency fee agreements (discussed above) for a written fee agreement and a duplicate copy of the executed agreement being provided to the client. There are additional requirements for contingency fee agreements. The agreement must include: A statement of the contingency fee percentage amount. A statement as to how disbursements and costs will affect the contingency fee and the client’s recovery. A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee agreement. This may include any amounts collected for the client by the attorney. Unless the claim is subject to the provisions of Business and Professions Code Section 6146 (Claim Against Health Care Provider), a statement that the fee is not set by law but is negotiable between attorney and client. 1. If any contingency fee agreement does not comply with the statutory provisions, the agreement is voidable at the option of the client, and the attorney is then entitled to a “reasonable” fee.
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Contingency Fee Agreements. In contingency fee agreements, Section 6147 of the Business and Professions Code contains the same requirements as non-contingency fee agreements (discussed above) for a written fee agreement and a duplicate copy of the executed agreement being provided to the client. There are additional requirements for contingency fee agreements. The agreement must include: a. A statement of the contingency fee percentage amount. b. A statement as to how disbursements and costs will affect the contingency fee and the client's recovery. c. A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee agreement. This may include any amounts collected for the client by the attorney. d. Unless the claim is subject to the provisions of Business and Professions Code Section 6146 (Claim Against Health Care Provider), a statement that the fee is not set by law but is negotiable between attorney and client. e. If the claim is subject to Section 6146, a statement that the rates set forth in that section are the maximum limits for the contingency fee agreement and that the attorney and client may negotiate a lower rate. [If the matter involves a claim for injury or damage against a health care provider based upon negligence, the attorney should carefully review Business and Professions Code Section 6146.1 If any contingency fee agreement does not comply with the statutory provisions, the agreement is voidable at the option of the client, and the attorney is then entitled to a "reasonable" fee.
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Contingency Fee Agreements. In contingency fee agreements, Section 6147 of the Business and Professions Code contains the same requirements as non-contingency fee agreements (discussed above) for a written fee agreement and a duplicate copy of the executed agreement being provided to the client. There are additional requirements for contingency fee agreements. The agreement must include: (a) A statement of the contingency fee percentage amount. (b) A statement as to how disbursements and costs will affect the contingency fee and the client’s recovery. (c) A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee agreement. This may include any amounts collected for the client by the attorney. (d) Unless the claim is subject to the provisions of Business and Professions Code Section 6146 (Claim Against Health Care Provider), a statement that the fee is not set by law but is negotiable between attorney and client. (e) If the claim is subject to Section 6146, a statement that the rates set forth in that section are the maximum limits for the contingency fee and that the attorney and client may negotiate a lower rate. [If the matter involves a claim for injury or damage against a health care provider based upon negligence, the attorney should carefully review Business and Professions Code Section 6146.1 If any contingency fee agreement does not comply with the statutory provisions, the agreement is voidable at the option of the client, and the attorney is then entitled to a “reasonable” fee.
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Contingency Fee Agreements. Any Legal Costs arising as a consequence of a contingency fee agreement.
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Related to Contingency Fee Agreements

  • CONTINGENT FEE AGREEMENT A. The Attorneys shall advance all expenses in the Litigation. The Client is not liable to pay any of the expenses of the Litigation, whether attorneys' fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained. If no recovery is obtained, Client will owe nothing for costs and other expenses. In the event that an order is entered awarding costs and expenses in favor of defendants, Attorneys will be responsible for such costs and expenses, not the Client. B. If there is a recovery in the Litigation, whether by settlement or judgment, the Attorneys shall be compensated via payment of a reasonable percentage of any recovery as approved by the Court, which amount shall include attorneys’ fees plus reasonable disbursements in the Litigation. “Disbursements” shall include, but not be limited to, costs of travel, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, court fees, expert fees, other consultation fees and paralegal expenses. Any recovery in the Litigation shall first be used to reimburse disbursements.

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