Chapter 28 - EXHIBIT 28E • SAMPLE CONTINGENCY FEE AGREEMENT

• Jurisdiction: Colorado

EXHIBIT 28E • SAMPLE CONTINGENCY FEE AGREEMENT CONTINGENCY FEE AGREEMENT

The Client, CLIENT NAME, (the "Client"), whose address is STREET, CITY, Colorado ZIP CODE, retains the law firm of LAW FIRM NAME specifically ATTORNEY NAME (the "Attorney"), located at STREET, CITY, Colorado ZIP CODE, to perform the legal services described in paragraph (1) below. The Attorney agrees to perform them faithfully and with due diligence.

The Client acknowledges that the Attorney has discussed with the Client fee arrangements, specifically a contingent fee arrangement and an hourly rate fee arrangement. Attorney's standard hourly rate is $___ per hour for partners, $___ per hour for associate attorneys and associated counsel, if used, $___ per hour for law clerks and $___ per hour for paralegals and are subject to change as a matter of business policy provided that it will be consistent with prevailing rates. The Client has decided to accept the contingent fee arrangement provided for by this Agreement.

(1) The claim, controversy, and other matters with reference to which the services are to be performed are to __________. The representation does not include an appeal.

(2) The contingency upon which compensation is to be paid is based on the "gross" recovery of any money, including attorney fees, in settlement, collection of a judgment, or otherwise, arising out of the claims described in paragraph (1) above. Pursuant to the statutes under which the Client's claims will be brought, attorney's fees may be recovered. The parties agree that the recovery or judgment out of which the attorney fees are paid shall include any attorney fees recovered. If, however, attorney fees are awarded by the court in pre-trial motions or hearings for time spent on procedural aspects of the case, these fees, if recovered, shall be paid 100 percent (100%) to the Attorney for the efforts upon which the fees are based.

(3) It is agreed by the parties that the contingency fee due to the Attorney shall be the greater of:

a. ___ percent (___%) of all money recovered ("gross recovery"), including a judgment, negotiated settlement, and attorney fees (or ___ percent (___%) If an appeal is pursued), or

b. Attorney fees as awarded by the Court or designated as attorney fees in settlement.

(4) In addition, should Client obtain relief by way of reinstatement to Client's former position or an agreed upon position after the filing of a lawsuit, Client agrees that the Attorney shall receive as an additional...