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CONTINGENCY FEE AGREEMENT WITH AN ATTORNEY OR LAW FIRMAGREEMENT made by and between ____________________ of
____________________ (city, state), referred to as "Client," and ____________________ of
____________________ ( city, state), referred to as "attorneys."
The parties agree as follows: I.
STATEMENT AND SUBJECT OF EMPLOYMENT
Client retains and employs attorneys to prosecute a claim of wrongful termination i n
connection with damages Client suffered by ________________________________________
(general description and date of claim). Client empowers attorneys to negotiate a settlement of
the above-stated claim and to file such legal action as may be advisable in attorneys' judgment.
II.
ATTORNEYS' FEES
Client shall pay to attorneys, as attorney fees for the representation as provided in t his
agreement, ___ per cent of the net recovery in the above-described claim if the matter can be
settled out of court without the necessity of a trial, ___ per cent of the net recovery if the matter
is resolved by a trial in the appropriate court in ____________________, and ___ per cent of the
net recovery if the matter is resolved after any appeal to the Supreme Court of t he State of
____________________
III.
COSTS AND OTHER EXPENSES
Reasonable costs, necessary disbursements, and reasonable travel incurred by attorneys in
advancing client's cause may be advanced by attorneys and shall be paid by the Cli ent on a
____________________ (monthly, quarterly, etc.) basis. Such costs shall include, but not be
limited to, deposition costs, use of attorneys personal automobile (at ____ per mile), and expert
witness fees, if any.
IV.
ATTORNEYS' LIEN
Attorneys are given a lien on the above-stated claim or cause of action, on any sum
recovered by way of settlement, and on any judgment that may be recovered, for the sum and
share mentioned above, as attorneys' fee; and attorneys shall have all general, possessory or
retaining liens, and all special or charging liens known to the common law. Com putation of the
amount of the lien will be made after deducting from the amount of recovery and re turning to
attorneys any costs or other expenses advanced by attorneys, as provided above.
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V.
EMPLOYMENT OF EXPERTS AND INVESTIGATORS
Attorneys may, in their sole discretion, employ one or more expert witnesses. All such
experts shall report exclusively to attorneys. Fees charged by such expert witnesses may be
advanced by attorneys and shall be paid by the Client on a ____________________ (monthly,
quarterly, etc.) basis.
VI.
ASSOCIATE COUNSEL
Attorneys, in their sole discretion, may employ associate counsel to assist attorneys in
prosecuting the client's claim, at attorneys' expense.
VII.
RETENTION OF ATTORNEYS' FEES AND
ADVANCED COSTS FROM SETTLEMENT PROCEEDS
Attorneys may receive any settlement or judgment amount and may retain from such
amount the percentage attorneys' fee pursuant to Section II of this agreement, as well as
advanced costs.
VIII.
SUBSTITUTION OR DISCHARGE OF ATTORNEYS
Attorneys shall be entitled to attorneys' full contingent share of any settlement of or
judgment on the claim for prosecution of which attorneys are retained even though clie nt
discharges attorneys or obtains a substitution for attorneys before such settlement is made or
judgment is had.
IX.
WITHDRAWAL OF ATTORNEYS
Attorneys may withdraw from client's representation at any time, on reasonable notice t o
client, provided that in the event of such withdrawal attorneys shall be entitled to no fee pursuant
to Section II of this agreement. However, attorneys shall remain entitled to reimburse ment for
any advances made to client under Sections III and V of this agreement.
X.
COMPENSATION IN EVENT OF SETTLEMENT BY CLIENT
If client settles client's above-stated claim or cause of action without the consent of
attorneys, client will pay to attorneys the attorneys' fees computed in accordanc e with the terms
of this agreement and based on the final recovery received by client in settlem ent, and client will
reimburse attorneys for all advances made under Sections III and V of this agreement.
XI.
FAVORABLE OUTCOME NOT WARRANTED
Attorneys make no warranties or representations to client concerning the successful
termination of client's claim or the favorable outcome of any legal action that may be filed, and
attorneys do not warrant or guarantee that attorneys will obtain reimbursement for clie nt of any
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of client's costs or expenses out of which client's claim arises. All statements of attorneys on
these matters are statements of opinion only.
XIII.
POWER OF ATTORNEY TO EXECUTE DOCUMENTS
Client gives attorneys a power of attorney to execute all documents connected with the
claim for the prosecution of which attorneys are retained, including pleadings, dismissal, orders,
and all other court documents that client could properly execute.
XIV.
NOTICE
Any notice required or contemplated under this agreement shall be in writing and shall be
deemed to have been duly served if delivered in person to the party for whom it is i ntended, or if
delivered at or sent by registered or certified mail to the business address of the person for whom
it is intended, as specified in this agreement.
XV.
LAW TO GOVERN CONTRACT
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of ____________________.
XVI.
ENTIRE AGREEMENT
Any modification of this agreement or additional obligation assumed by either party in
connection with this client shall be binding only if evidenced in writing signed by e ach party or
an authorized representative of each party.
IN WITNESS WHEREOF , each party to this agreement has caused it to be executed
effective the ______ day of ____________________, 20___ .
CLIENT
____________________
By: ____________________
ATTORNEY