Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention are demonstrable.

Does a client need a separate consumer disclosure?

If the matter is consumer‑facing or governed by consumer financial rules, provide an ESIGN disclosure about consent to electronic records and the right to paper as required by 15 U.S.C. §7001(c).

When is notarization required?

Standard engagement contracts rarely require notarization, but documents like powers of attorney or settlement assignments may; state rules or court requirements control notarization.

What if the signer lacks authority?

Obtain corporate resolutions or powers of attorney before execution; unsigned authority risks contract rescission or nonenforceability.

How long should the firm keep records?

Retain engagement files for at least three years after termination; extend retention for tax, HIPAA, SEC, or state requirements as applicable.

What happens on termination?

Follow the contract’s termination clause: provide final accounting, arrange file transfer, address outstanding fees, and preserve documents for retention obligations.

Electronic Signature
Templates
Legal
Engagement Litigation Agreement

Engagement Litigation Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ENGAGEMENT LITIGATION AGREEMENT

This Engagement Litigation Agreement ("Agreement") is entered into as of by and between Client Name: ("Client") and Firm Name: ("Firm").

RECITALS

WHEREAS, Client desires to retain Firm to provide legal representation and related services in connection with litigation concerning:

WHEREAS, Firm has the experience and capacity to represent Client in the litigation and related matters described herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to Firm's retention and fees.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows:

1. ENGAGEMENT

Client hereby retains Firm to provide legal services in the litigation matter described above, and Firm accepts such engagement, subject to the terms of this Agreement. The engagement is limited to representation in the litigation and related pre-trial, trial, appellate, collection, and enforcement proceedings as expressly agreed in writing.

2. SCOPE OF REPRESENTATION

Firm will perform legal services reasonably necessary to prosecute, defend, or otherwise handle the litigation, including factual investigation, pleadings, discovery, depositions, motion practice, settlement negotiations, trial preparation and trial, and appeals if specifically agreed. Services outside the scope of litigation (such as separate transactional matters) will require a separate written engagement.

Specific objectives and limitations

3. FEES AND BILLING

The parties agree that Firm's compensation shall be provided as indicated below. Client shall select the fee arrangement by checking the appropriate box and completing the associated fields.

Fee arrangement (select one or more as applicable)

Hourly fees: $ per hour for attorneys and $ per hour for paralegals, with time billed in increments of 1/10 hour.

Contingency fee: of gross recovery (pre-litigation settlement percentage and post-trial percentage may differ; specify if different):

Hybrid arrangement (retainer plus contingency or reduced hourly): Retainer: $ Additional terms:

All fees are subject to final accounting and calculation in accordance with applicable law. Firm will provide periodic statements describing services rendered, fees, and expenses. Client shall promptly pay undisputed invoices within days of receipt.

4. RETAINER AND TRUST ACCOUNT

Client shall pay an initial retainer of $ to be held in Firm's trust account and applied against fees and expenses as they are incurred. Firm shall provide an accounting of trust funds and, upon final billing or termination, remit any remaining trust balance to Client in accordance with applicable trust accounting rules.

5. EXPENSES

Client is responsible for all costs and expenses reasonably incurred in connection with the representation, including filing fees, service of process, deposition transcript costs, expert fees, courier charges, travel, and other out-of-pocket expenses. Unless otherwise agreed, Firm may advance expenses and Client shall promptly reimburse such advances upon request. The parties may agree to share certain costs on a contingency recovery or other specified basis as set forth in writing.

6. SETTLEMENT AUTHORITY

Firm shall consult with Client and obtain Client's informed consent prior to accepting any settlement. Client grants Firm the authority to negotiate settlements subject to Client's expressed limits. Any settlement agreement or release affecting Client's rights shall be executed only by Client or its authorized representative.

Settlement threshold (optional)

7. CLIENT COOPERATION

Client shall cooperate fully with Firm, provide truthful information, appear for depositions and hearings as requested, and promptly respond to Firm's communications. Failure to cooperate may be grounds for withdrawal and termination under Section 9.

8. CONFLICTS, PRIVILEGE AND CONFIDENTIALITY

Firm has conducted a conflicts check based on information provided by Client. Client represents that no material facts have been withheld that would create a conflict. Firm will maintain the confidentiality of Client information subject to the attorney-client privilege and applicable law. Client authorizes Firm to disclose confidential information to consultants, experts, and co-counsel as necessary for the representation, provided Firm takes reasonable steps to protect confidentiality.

Known conflicts or special confidentiality instructions

9. TERMINATION

Either party may terminate this Agreement upon written notice. Firm may withdraw in accordance with professional responsibility rules if Client fails to fulfill obligations, including timely payment of fees or cooperation. Upon termination, Client shall pay Firm for all services performed and expenses incurred through the date of termination, and Firm shall take reasonable steps to protect Client's interests, including providing notice and reasonable time to engage successor counsel.

10. RECORDS, FILES AND PROPERTY

Client records shall be returned upon request. Firm may retain copies of client files, pleadings, work product, and time records. Original documents delivered by Client will be returned upon request. Firm may destroy closed-file materials in accordance with its document-retention policies unless Client requests delivery or preservation in writing and arranges for costs associated with long-term storage.

11. DISPUTE RESOLUTION

The parties agree to attempt to resolve disputes arising under this Agreement by good-faith negotiation and, if unsuccessful, by mediation. If mediation fails, the parties agree that any remaining dispute shall be submitted to binding arbitration administered in accordance with the parties' selected arbitration rules. Judgment upon an arbitration award may be entered in any court of competent jurisdiction.

Preferred mediation/arbitration location

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice-of-law rules.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties unless reduced to writing and signed by both parties.

14. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect to the extent permitted by law.

15. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, commercial courier, or certified mail (return receipt requested), or other method agreed in writing.

Client notice address Firm notice address

16. AMENDMENTS AND WAIVER

Any amendment to this Agreement must be in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving compliance.

17. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means (including facsimile or electronic image) shall be effective as original signatures.

18. ADDITIONAL PROVISIONS

Other agreed terms

Client:

By:

Date:

Firm:

By:

Date:

What an Engagement Litigation Agreement is and when it applies

An Engagement Litigation Agreement is a written contract between a client and law firm that sets the scope, fee arrangement, responsibilities, and litigation strategy for a specific dispute or lawsuit. It documents who will represent the client, the billing method (hourly, contingency, or hybrid), allocation of costs and expenses, client cooperation obligations, and any limits on authority or settlement. The agreement reduces misunderstandings, establishes invoicing and termination mechanics, and creates an evidentiary record used in ethical reviews, fee disputes, and malpractice or conflict analyses.

Why a clear Engagement Litigation Agreement matters

A precise agreement protects client interests and clarifies counsel authority, fee expectations, and cost allocation, reducing later disputes. It also preserves ethical compliance, supports conflict checks, and documents consent to litigation strategy.

Who typically completes an Engagement Litigation Agreement

Parties preparing or signing the agreement include the client, the lead attorney(s), and an authorized representative of the law firm. Tailor roles and signatures to entity type.

Individual clients and their retained counsel agreeing to representation terms for a specific case.
Corporate legal departments or in‑house counsel contracting outside litigation firms for specialized matters.
Insurance carriers or third‑party funders where coverage, allocation of defense costs, and cooperation are governed.

Ensure signers are authorized and that corporate clients attach a resolution or power of attorney when required.

Who can sign and why authority matters

Individual Client

A natural person signs in their own name and is personally bound under the agreement; the document should include full legal name, date of birth or other identifier, and preferred contact to avoid misattribution or enforcement disputes.

Authorized Representative

For corporations, LLCs, or other entities, the signer must have corporate authority. Attach a board resolution, signed corporate officer certificate, or power of attorney to verify signing authority and reduce later challenges to enforceability.

Core sections to include in a professional Engagement Litigation Agreement

A comprehensive agreement organizes key topics into discrete clauses so both parties understand duties, fees, and risk allocation before counsel begins work.

Scope of Representation

Define the matter, claims, and stages covered (pleadings, discovery, trial, appeals) and list excluded services so expectations and billable scope are clear.

Fee Arrangement

Specify hourly rates, contingency splits, hybrid fees, retainer handling, billing intervals, and how costs and expenses (experts, filing fees) will be advanced or reimbursed.

Client Duties

Describe client cooperation, document production, decision authority for settlements, and obligations to keep counsel informed to avoid delays and fee disputes.

Conflicts and Withdrawal

State conflict check results, procedures for resolving conflicts, circumstances permitting withdrawal, and the effect on fees and file retention.

Termination and Transition

Explain termination for cause or convenience, notice requirements, transfer of files, and obligations to provide a final accounting of fees and costs.

Governing Law and Dispute Resolution

Identify governing state law, jurisdiction for disputes, and whether mediation or arbitration is required before litigation over fees or performance.

Step-by-step: completing this agreement

Follow these sequential steps to prepare, review, and execute a clear Engagement Litigation Agreement with minimal risk of ambiguity.

01

Draft Core Terms: Define scope, fees, retainer, and expenses before any work begins.
02

Run Conflict Check: Confirm no current or former client conflicts exist; document the result.
03

Client Review: Provide the draft to the client and discuss key provisions and settlement authority.
04

Execute and Distribute: Obtain authorized signatures and provide executed copies to all parties and responsible firm staff.

Common mistakes to avoid

Vague scope language that fails to limit representation to specific claims or proceedings.
Unclear fee terms that omit billing increments, expense reimbursement, or contingency calculation methods.
Missing authority documentation for corporate signers, leading to enforceability challenges.
Failure to address dispute resolution or governing law, which can multiply litigation costs later.

Consequences of an incomplete or incorrect agreement

Fee Disputes: May lead to arbitration, court fee hearings, or bar complaints

Ethics Violations: Improper retainer or trust handling can trigger disciplinary action

Client Claims: Risk of malpractice or negligence claims if duties are unclear

Enforceability Problems: Incorrect signer authority can render the contract voidable

Delayed Litigation: Ambiguity over settlement authority can prevent timely resolution

Increased Costs: Unallocated expenses produce billing disputes and collection difficulty

Where to send and how the executed agreement circulates

After execution, route the signed agreement to the firm file, client, billing, and conflict teams so responsibilities are recorded and fees managed.

Firm File: Store original in the matter file and note the effective date.
Client Copy: Provide an executed copy to the client for their records.
Billing: Send fee and retainer details to the accounting department to set client billing terms.
Conflict/Compliance: Record the engagement in conflict and AML systems if required.

How to customize the agreement in an eSigning workflow

Configure the document fields and signer order before sending to reduce turnaround time and ensure required approvals.

Field	Configuration
Signer Order	Client signs then firm partner countersigns
Required Fields	Full name, date, initials on fee clauses
Authentication	Email link or SMS code, add ID check for high-risk matters
Retention	Automatically save executed PDF to matter repository

Digital signing and eSubmission considerations

Use an eSignature platform that supports reliable audit trails, secure storage, and required authentication methods for legal documents.

Authentication: Email, SMS, or advanced ID verification options
Audit Trail: Timestamped actions with IP and device metadata
Integrations: Connect to DMS, billing, and CRM systems

Typical timelines and deadlines tied to the engagement

Certain dates create obligations: retainer receipt, initial filing deadlines, statute of limitations checks, and billing cycles should be tracked from the effective date.

Retainer Payment:

Due upon execution unless otherwise agreed

Initial Pleading Deadline:

Schedule based on statute of limitations or service requirements

Billing Cycle:

Specify monthly or milestone invoicing cadence

Settlement Decisions:

Define response time for client settlement authority

File Transfer:

Provide notice and transfer instructions upon termination

Key milestones in an engagement lifecycle

Track the engagement through discrete stages from intake to closing so responsibilities, billing, and retention triggers are clear.

01

Intake & Conflict Check

Confirm no conflicts and document results before work begins

02

Engagement Execution

Obtain signed agreement and initial retainer

03

Active Litigation

Proceed with pleadings, discovery, and trial as authorized

04

Closure & Retention

Finalize accounting, transfer files, and set retention schedule

eSignature vendor comparison for executing Engagement Litigation Agreements

Key vendor differences affect cost, compliance, and high-volume workflows; signNow appears first for easy comparison across typical plan features and compliance needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Plan-dependent	Yes	Plan-dependent
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Plan-dependent	Plan-dependent	Plan-dependent

Frequently asked questions about Engagement Litigation Agreements

Answers to common practical and legal questions help avoid execution errors and maintain enforceability.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention are demonstrable.
Does a client need a separate consumer disclosure?
If the matter is consumer‑facing or governed by consumer financial rules, provide an ESIGN disclosure about consent to electronic records and the right to paper as required by 15 U.S.C. §7001(c).
When is notarization required?
Standard engagement contracts rarely require notarization, but documents like powers of attorney or settlement assignments may; state rules or court requirements control notarization.
What if the signer lacks authority?
Obtain corporate resolutions or powers of attorney before execution; unsigned authority risks contract rescission or nonenforceability.
How long should the firm keep records?
Retain engagement files for at least three years after termination; extend retention for tax, HIPAA, SEC, or state requirements as applicable.
What happens on termination?
Follow the contract’s termination clause: provide final accounting, arrange file transfer, address outstanding fees, and preserve documents for retention obligations.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now