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Contingency Fee Retainer Agreement
"I need a Contingency Fee Retainer Agreement for a personal injury practice in Ontario, with a 30% contingency fee structure and specific provisions for handling disbursements in medical malpractice cases."
1. Parties: Identification of the lawyer/law firm and the client(s)
2. Background: Context of the legal matter and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'recovered amount', 'disbursements', and 'contingency fee'
4. Scope of Services: Description of legal services to be provided and the specific matter being handled
5. Contingency Fee Structure: Detailed explanation of the percentage fee and how it will be calculated
6. Disbursements and Expenses: Explanation of costs separate from the contingency fee and how they will be handled
7. Payment Terms: When and how payment will be calculated and made from any settlement or judgment
8. Client's Rights and Obligations: Client's responsibilities and rights throughout the representation
9. Lawyer's Rights and Obligations: Lawyer's responsibilities and rights throughout the representation
10. Termination: Circumstances under which either party can end the agreement and the consequences
11. Governing Law: Specification that the agreement is governed by relevant provincial law
12. Acknowledgment and Signatures: Confirmation of understanding and acceptance of terms
1. Multiple Client Provisions: Required when representing multiple clients in the same matter, addressing potential conflicts
2. Appeals Provisions: When the scope might include appeal proceedings and how fees would be handled
3. Assignment of Proceeds: When direct payment from settlement proceeds needs to be arranged
4. Alternative Fee Arrangements: When offering alternative fee structures if contingency is not successful
5. Class Action Provisions: Required for class action lawsuits, including court approval requirements
6. Third-Party Funding: When litigation funding might be involved in the case
7. Insurance Provisions: When dealing with insurance companies or coverage issues
8. Referral Fee Disclosure: When another lawyer has referred the case and will receive a fee
1. Schedule A - Fee Calculation Examples: Detailed examples showing how the contingency fee will be calculated in various scenarios
2. Schedule B - Disbursements List: Comprehensive list of potential disbursements and their estimated costs
3. Schedule C - Client Rights Disclosure: Mandatory disclosure of client rights as required by the relevant Law Society
4. Schedule D - Risk Assessment: Assessment of case risks and potential outcomes
5. Appendix 1 - Provincial Law Society Requirements: Specific disclosures and forms required by the provincial law society
6. Appendix 2 - Related Party Consent Forms: Required forms for multiple clients or related parties
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