Section 16 Contingency Fee Agreement

• Library: Civil Trial Practice 2008 Supp Forms

SAMPLE FORM 3 CONTINGENCY FEE FIRM NAME STREET CITY, STATE, ZIP PHONE DATE LAWYER-CLIENT CONTINGENCY FEE AGREEMENT

_______________ ("Lawyer"), will provide legal services to _______________ ("Client"), on the terms set forth below. This agreement is required by Supreme Court Rule 4-1.5(c).

1. CONDITIONS. This Agreement will not take effect, and Lawyer will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the initial deposit (advanced fee), if any, called for under Paragraph 5.

2. SCOPE OF SERVICES. Client is hiring Lawyer to represent Client in the matter of Client's claims against _______________ and possibly others as future investigation may indicate, arising out of _____________ which occurred on or about ___________________.

Lawyer will represent Client until a settlement or judgment is obtained by way of negotiations or arbitration or trial. Lawyer will oppose any motion for a new trial or any other post-trial motions filed by an opposing party, or will make any appropriate post-trial motions on Client's behalf. After judgment Lawyer will not represent Client on any appeal, or in any proceedings designed to execute on the judgment, without such additional compensation as may be agreed upon in a separate Agreement.

3. CLIENT. Lawyer is representing the Client (name) only in this matter. It is understood by Client and any third party who may be assisting Client financially, emotionally or otherwise, in this matter, that lawyer's duty is to act in the best interest of the Client and Lawyer cannot share information about Client's case with anyone other than Client without express permission.

4. RESPONSIBILITIES OF THE PARTIES. Lawyer will provide those legal services reasonably required to represent Client in prosecuting the claims described in paragraph 2. Client agrees to appear, at all legal proceedings (including depositions, hearings including but not limited to trial) when Lawyer deems it necessary. Client further agrees to generally cooperate fully with Lawyer in all matters related to the preparation and presentation of Client's claims (including but not limited to interrogation, written discovery, trial preparation, client interviews). Further, while it is impossible to predict the course of a representation, it may be important for Lawyer to contact Client immediately, or upon short notice, to confer with Client regarding the status of Client's case. An inability to do so may result in Client's case being prejudiced and detrimentally affect the outcome of the case. Accordingly, Client agrees to keep Lawyer informed of Client's current address, telephone number and whereabouts. If Client leaves town, for example, to travel on business or vacation, Client agrees notify Lawyer before leaving of the expected duration of the trip and how Client may be contacted in the meantime.

5. DEPOSIT (ADVANCED COST DEPOSIT). Client agrees to pay Lawyer an initial deposit (advanced cost deposit) for costs of $_________, to be returned with this signed Agreement. Lawyer will hold this initial deposit in a trust account. Client hereby authorizes Lawyer to use that deposit to pay the costs and other expenses incurred under this Agreement.

When Client's deposit (advanced cost deposit) is exhausted, Lawyer reserves the right to demand further deposits. Once a trial or arbitration date is set, Lawyer will require Client to pay all sums then owing, and to deposit the costs Lawyer estimates will be incurred in preparing for and completing the trial or arbitration, as well as the jury fees court costs or arbitration fees likely to be assessed. Those sums may exceed the deposit.

Client agrees to pay all...