Parties
Identify each party with full legal names, business form, and contact details so the agreement binds the intended individuals or entities and avoids identity disputes.
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Litigation Agreement Form
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What a Litigation Agreement Form Covers
Why a Clear Litigation Agreement Matters
A clear Litigation Agreement reduces ambiguity about who controls litigation decisions, who pays costs, how recovery is shared, and when confidentiality applies. It limits downstream fee disputes, supports enforceability in court, and preserves each party’s expectations for timing and duties.
Who Typically Prepares and Signs This Form
The Litigation Agreement is used by law firms, corporate legal teams, plaintiffs, defendants, and third‑party funders to record litigation-related terms before or during proceedings.
- Lead counsel and outside attorneys who will control litigation strategy and incur costs.
- Corporate legal departments authorizing settlements and allocating recovery internally.
- Litigation funders or investors documenting funding terms and recovery priorities.
Parties should confirm authority to bind organizations and consider counsel review before signing to avoid unintended obligations.
Who Can Sign and Why It Matters
Lead Counsel
An authorized attorney signs on behalf of a client when the client gives written authorization; attorney signatures should be accompanied by a clear delegation clause and client acknowledgment to avoid later challenge.
Corporate Officer
An officer with board‑delegated signing authority may execute for a company; confirm corporate resolution or power of attorney exists to demonstrate capacity and avoid disputes about authority.
Essential Clauses to Include
Scope
Describe the claims, causes of action, and specific proceedings covered, including whether appeals, mediation, or related claims are included or excluded from the arrangement.
Fee Arrangement
Specify contingency percentages, hourly rates, cost advances, repayment priority, and how fees are calculated after deductions such as litigation costs and third‑party expenses.
Settlement Sharing
Detail how settlement or judgment proceeds are allocated, including deductions, liens, subrogation rights, and any waterfall for multiple payees or funders.
Confidentiality
Define confidentiality scope, permitted disclosures, and carve‑outs for required court disclosures or regulatory obligations to protect sensitive information.
Dispute Resolution
Include governing law, venue, and whether disputes go to arbitration, mediation, or court; specify fee shifting, prevailing party costs, and interim relief mechanisms.
Step‑by‑Step: Filling Out the Form
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01Identify Parties: Record full legal names and capacities for each signatory party.
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02Describe Scope: List the claims, courts, and related matters covered by the agreement.
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03Set Fees: Enter fee percentages, cost advance rules, and payment priority clearly.
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04Sign and Date: Obtain dated signatures from authorized signers and confirm execution method.
How to Configure an Online Signing Workflow
| Field | Configuration |
|---|---|
| Signature Type | eSignature (ESIGN/UETA compliant) |
| Authentication | Email link, optional SMS code or KBA |
| Notarization | Remote Online Notarization where permitted |
| Storage | Encrypted cloud with retention controls |
Where to Send, File, and Store the Executed Form
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Upload: Store the executed PDF in a controlled document repository.
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Deliver: Email signed copies to counsel and parties for records.
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File: File required notices or settlements with the court if applicable.
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Archive: Retain long‑term per legal and regulatory requirements.
Technical and Integration Considerations
Choose a signing platform that provides secure storage, an audit trail, and common integrations used by legal teams.
- File Formats: PDF, DOCX supported
- Integrations: Salesforce, NetSuite, Google Workspace
- Authentication: Email, SMS, KBA options
Timing and Deadlines to Track
Effective Date Entry:
Effective date triggers obligations and determines when statutes of limitation may run.
Response Period:
Specify time to respond to settlement offers or funder inquiries in calendar days.
Settlement Deadlines:
Set explicit deadlines for completing settlement-related steps and distributing proceeds.
Notice Periods:
Include notice windows for termination or material changes to the agreement.
Retention Start:
Record when retention obligations begin for archival and audit purposes.
Common Preparation Mistakes to Avoid
- Using informal or ambiguous fee language that leaves repayment order uncertain and invites disputes.
- Failing to confirm corporate authority or lacking a board resolution when corporate entities sign the agreement.
- Omitting an audit trail or signer authentication steps when using electronic signatures, which complicates enforcement.
- Neglecting to address liens, subrogation, or third‑party claims that can reduce net recovery unexpectedly.
Consequences of an Incorrect or Incomplete Form
Unenforceable Terms:
May be voided
Fee Disputes:
Costly litigation risk
Malpractice Exposure:
Client claims possible
Tax Consequences:
Reporting complications
Confidentiality Breach:
Regulatory fines possible
Missed Deadlines:
Forfeited rights
eSignature Vendor Comparison for Executing Litigation Agreements
| 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 required | Varies by plan | Varies by plan | Varies by plan | Varies by plan |
| Bulk Send | Yes | Yes | Yes | Yes | Varies by plan |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes (BAA available) | Yes (BAA available) | Yes (BAA available) | Varies by plan | Varies by plan |
| Envelope Cap | No envelope cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |
Real‑World Examples of Use
Optica Ventures LLC
The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.
- Funders used a standardized agreement to document repayment priority.
- By using a consistent template they reduced review time and improved clarity for investors and counsel across multiple matters.
Xerox (NetSuite Operations)
airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite.
- Legal integrated signed agreements with ERP.
- This reduced manual filing, ensured consistent retention, and allowed automated tracking of settlement distributions.
Practical Tips for Accurate Completion
Use precise fee language
Draft fee and cost allocation with exact percentages and priority language; avoid ambiguous phrases that can lead to costly litigation over interpretation and distribution.
Confirm signer authority
Obtain written evidence of corporate authority or power of attorney when an entity signs to prevent future challenges to the agreement’s validity.
Preserve audit trails
Capture signer email, IP address, timestamp, and authentication method to support attribution and admissibility under the ESIGN Act and state UETA frameworks.
Limit custom clauses
Minimize bespoke language that conflicts with standard court or statutory procedures; route substantial deviations to counsel for targeted review.
Frequently Asked Questions and Answers
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Can this be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the transaction meets intent, consent, attribution, and record retention requirements.
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When is notarization required?
Notarization depends on state law and the document’s purpose; deeds and some powers of attorney often require notary acknowledgment, while many litigation funding agreements do not.
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What if names do not match IDs?
Mismatched or incomplete legal names can create enforceability or payment clearing issues; correct names before signing and provide supporting identity documentation when required.
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Is attorney review necessary?
Legal review helps confirm ethical compliance, client consent, and clarity on fee shifting and privilege issues; counsel can also advise on state-specific execution formalities.
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How do I revoke or amend?
Revocation or amendment requires the method specified in the agreement; if silent, seek mutual written amendment or follow applicable contract law procedures for modification.
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How long should I retain the form?
Retention depends on context; retain for the active term plus at least three years for tax records (IRC §6501(a)) and six years for HIPAA‑governed records (45 CFR §164.530(j)).
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