A precise Legal Prosecution and Fee Agreement reduces billing disputes, clarifies settlement and withdrawal authority, and documents client consent to fee terms. Electronic execution is generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA, subject to statutory exceptions.
Typical parties who draft, review, or sign this agreement include clients, lead counsel, co-counsel, and third-party payors.
Confirm the signer role and authority before execution to avoid later enforceability or billing disputes.
The attorney or law firm identified as lead counsel has primary authority to prosecute the claim, manage litigation strategy, and bill the client according to the agreement. The agreement should specify signing authority for settlement and consent to incur costs.
The client signatory is the person or corporate officer authorized to bind the client to fee terms, settlement authority limits, and payment obligations. Identification should match government ID or corporate formation documents.
Define the precise legal matter, jurisdictions, and stages covered (investigation, pretrial, trial, appeal). Specify any excluded matters and whether related claims or counterclaims are included to avoid ambiguity about representational duties.
State whether fees are hourly, contingency, fixed, or hybrid. Include precise percentages, caps, sliding scales, or blended rates, and explain how fees change if the matter settles versus proceeds to trial or appeal.
Specify retainer amount, trust account handling, conditions for replenishment, and procedures for withdrawal of fees from client trust in compliance with state bar rules and trust accounting requirements.
List chargeable expenses (filing fees, expert fees, courier, deposition costs) and whether the client pays as incurred or reimburses upon invoice or settlement; address advances, accounting, and dispute resolution.
Document who may accept settlement or compromise, any monetary thresholds requiring client approval, and steps for consulting the client prior to settlement to avoid unauthorized resolutions.
Describe termination rights for both parties, notice requirements, handling of earned fees and unearned retainer, file transfer procedures, and dispute resolution for fee conflicts (mediation, arbitration, court).
| Field | Configuration |
|---|---|
| Template Name | Use a clear name identifying matter and client |
| Signer Order | Define lead counsel, client, co-counsel sequence |
| Authentication | Choose email, SMS code, or stronger authentication |
| Retainer Field | Include dollar field and payment instructions |
Confirm the signing platform supports secure PDFs, audit trails, and the authentication level you require.
Require retainer payment or holdback before work begins.
Schedule within 7 calendar days of execution.
Draft and file responsive pleadings per court schedule.
Define monthly or milestone invoicing periods.
Varies by claim and state — verify immediately.
Optica used digital agreements to standardize retention across matters
The clinic implemented online signature workflows for legal and consent documents
| 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 | Varies | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies | Varies | Varies |