{"id":352979,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/sample-retainer-and-contingency-agreement-for-an-injury-case.html"},"modified":"2024-01-10T19:07:04","modified_gmt":"2024-01-11T00:07:04","slug":"sample-retainer-and-contingency-agreement-for-an-injury-case","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/sample-retainer-and-contingency-agreement-for-an-injury-case.html","title":{"rendered":"Sample Retainer and Contingency Agreement for an Injury Case"},"content":{"rendered":"\n
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Sample Retainer and Contingency Agreement for an Injury Case<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

When you’ve found a law office you like for your personal injury case, they will likely ask you to sign a contingency fee agreement. You should read this agreement carefully to understand the financial aspects of your case \u2014 even if you’ll only pay if they win compensation for you.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most personal injury cases are taken on a contingency fee basis. This means that if you recover any money from the person who injured you, the attorney will receive a percentage of the total amount of that recovery as payment for their services. This percentage can vary.<\/p>\n

If you haven’t decided on your legal representation yet, get started with FindLaw’s personal injury attorney<\/a> directory. You can browse local law firms, compare ratings, and contact lawyers in your state.<\/p>\n

Many personal injury lawyers provide a free initial consultation to review your case. In this meeting, you can find out more about legal costs and the potential value of your claim.<\/p>\n

Example Personal Injury Lawyer Agreement<\/h2>\n

Below is a sample of how an attorney agreement might look.<\/p>\n

___________________ (Client’s Name) requests and authorizes _______________________ (“Lawyer”) to represent him\/her in all matters arising out of the accident occurring on [DATE OF ACCIDENT], at [TIME] a.m.\/p.m., against [THE DEFENDANT(S)].<\/p>\n

1. Lawyer agrees to exercise his\/her best efforts and professional ability and will consult with Client on an ongoing basis regarding major decisions relating to this matter, including trial or settlement.<\/p>\n

2. Client agrees to cooperate with Lawyer and assist Lawyer with preparing the case as Lawyer requests.<\/p>\n

3. Client agrees not to do any act that impairs the value of the case.<\/p>\n

4. Client agrees not to settle the case without Lawyer’s participation and consent.<\/p>\n

5. Client agrees not to speak to others or consult other lawyers about the case.<\/p>\n

6. Client agrees to pay costs of investigation, out-of-pocket costs, and expenses [ON A MONTHLY BASIS]\/[AS THEY ARE BILLED]\/[BY REMITTING $_________ PER MONTH]\/[OTHER ARRANGEMENT].<\/p>\n

7. Client agrees to keep medical billings up to date.<\/p>\n

8. Client agrees to pay Lawyer’s fee for professional services as follows: ______ percent of any settlement or recovery, and _______ percent if the case goes to trial or is appealed. Further, if, at the time the case is settled or a judgment is paid, Client owes Lawyer for any expenses or other items, Lawyer may deduct that sum from the amount to be paid to Client. The percentage recovery will be calculated [BEFORE\/AFTER] outstanding medical bills, expenses, and costs of suit are deducted.<\/p>\n

9. If Client makes no recovery, Client owes Lawyer nothing for legal services but must pay expenses.<\/p>\n

10. If Client decides to terminate the case after Lawyer has provided substantial legal services, Client must pay Lawyer a sum equal to the probable fee, to be determined by a panel of the American Arbitration Association. Lawyer will bear the cost of the arbitration.<\/p>\n

11. Lawyer reserves the right to terminate this contract if at any time he\/she concludes that the claim is without merit.<\/p>\n

12. Client agrees that Lawyer cannot promise or guarantee a particular result.<\/p>\n

13. This agreement represents the full agreement and understanding between the Client and Lawyer. No other agreement, written or oral, exists, and discussions between Client and Lawyer that are not set forth in this agreement are not part of this agreement.<\/p>\n

14. Client acknowledges that Lawyer may currently represent or may in the future represent other clients in matters that are not substantially related to Client’s representation. Client agrees that Lawyer may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to the Lawyer’s work for Client even if the interests of such clients in those other matters are materially adverse to Client. Lawyer agrees that in the event Lawyer becomes aware of any conflict of interest that may require waiver from Client beyond the waiver granted in this paragraph, Lawyer will inform Client and will not undertake the potentially conflicting representation without Client’s informed, written consent.<\/p>\n

15. If Client and Lawyer agree to change any term in this agreement, the agreed to change must be in writing and signed by both parties.<\/p>\n

I, ____________________, acknowledge that I have read this agreement fully, understand its terms, and agree to them. I received a copy of the agreement when I signed it.<\/p>\n

Date: _________________<\/p>\n

______________________________________<\/p>\n

Client<\/p>\n

Date: _________________<\/p>\n

______________________________________<\/p>\n

Witness<\/p>\n

Date: _________________<\/p>\n

______________________________________Lawyer [NAME AND ADDRESS OF LAW FIRM]<\/p>\n

What Are Legal Fees and Attorneys’ Fees in Personal Injury Cases?<\/h2>\n

Legal fees, or attorneys’ fees, are what you pay for legal work in a personal injury case. These fees can vary greatly depending on:<\/p>\n