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Conditional Fee Agreement

Conditional Fee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Conditional Fee Agreement

"I need a Conditional Fee Agreement under Dutch law for a commercial litigation case, with a 20% base fee and 15% success fee arrangement, to be effective from March 1, 2025, including provisions for third-party litigation funding."

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Document background
The Conditional Fee Agreement is a specialized legal service agreement used in the Netherlands when clients and legal service providers wish to structure fees partly based on the outcome of a case. This document became particularly relevant after the 2014 Dutch Bar Association regulations allowing certain types of result-based fees, especially in personal injury cases. It provides a framework for legal representation where the lawyer's compensation includes both a standard fee component and a success fee element, while ensuring compliance with Dutch legal requirements. The agreement is essential for cases where clients seek to align legal costs with outcomes, while working within the relatively strict Dutch regulations on contingency fees. It includes detailed provisions on fee calculations, success criteria, risk allocation, and payment terms, making it suitable for complex litigation, commercial disputes, and personal injury cases.
Suggested Sections

1. Parties: Identification of the law firm and the client, including full legal names, addresses, and registration details

2. Background: Context of the legal matter, including brief description of the case and reason for choosing a conditional fee arrangement

3. Definitions: Definitions of key terms used in the agreement, including 'Success', 'Base Fee', 'Success Fee', and 'Costs'

4. Scope of Services: Detailed description of legal services to be provided, including any limitations

5. Fee Structure: Explanation of the conditional fee arrangement, including base fees, success fees, and calculation methods

6. Success Criteria: Clear definition of what constitutes 'success' for the purpose of triggering success fees

7. Payment Terms: Terms and timing of payments, including handling of disbursements and third-party costs

8. Client Responsibilities: Client's obligations including providing information, cooperation, and maintaining confidentiality

9. Termination: Circumstances under which the agreement can be terminated and the consequences

10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

Optional Sections

1. Alternative Dispute Resolution: Section on mediation or arbitration procedures, recommended for high-value cases

2. Insurance Arrangements: Details of any legal expenses insurance, required if client has insurance coverage

3. Third Party Funding: Terms related to external funding, necessary if litigation funding is involved

4. Interim Billing Arrangements: Details of any interim billing structure, useful for long-running cases

5. Client Care: Additional client care provisions, recommended for consumer clients

6. Complaints Procedure: Detailed complaints handling process, recommended for consumer clients

7. File Retention: Specifics about document retention, recommended for complex cases

Suggested Schedules

1. Schedule 1 - Fee Calculation: Detailed breakdown of base fees, success fees, and calculation examples

2. Schedule 2 - Scope of Work: Detailed description of the legal work to be undertaken

3. Schedule 3 - Team Members: List of lawyers and their hourly rates who will work on the case

4. Schedule 4 - Disbursements: List of anticipated disbursements and how they will be handled

5. Appendix A - Client Care Letter: Standard client care information as required by Dutch Bar Association

6. Appendix B - Risk Assessment: Assessment of case risks and likelihood of success

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions










































Clauses

































Relevant Industries

Legal Services

Insurance

Financial Services

Professional Services

Healthcare

Construction

Manufacturing

Technology

Real Estate

Energy

Transportation

Retail

Relevant Teams

Legal

Finance

Compliance

Risk Management

Operations

Business Development

Claims

Dispute Resolution

Corporate Affairs

Procurement

Relevant Roles

General Counsel

Legal Director

Chief Legal Officer

Head of Legal

Legal Operations Manager

Compliance Officer

Risk Manager

Chief Financial Officer

Finance Director

Contract Manager

Business Development Director

Claims Manager

Litigation Manager

Partner (Law Firm)

Senior Associate

Legal Project Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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