Sample Retainer and Contingency Agreement for an Injury Case

After finding an attorney who agrees to handle you case, he will be asking you to draft an agreement for fees. In most personal injury cases, the lawyers would prefer contingency fees. This means that your attorney will get a percentage of the claim awarded to you if you win a case. Below is an example of how an agreement for attorney’s fees would look like.

___________________ (“Client”) 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)].

1. Lawyer obligates himself to give his/her best efforts and professional skills. He/ she agrees to always consult the client for possible settlement and for schedule of hearings.

2. Is is the client’s responsibility to be cooperative of the suggested steps by the lawyer.

3. The client should provide a commitment that he will not do acts which could be detrimental to the outcome of the case.

4. The client agrees that there will be no settlement without the knowledge and suggestions by the lawyer.

5. Client agrees not to speak to others or consult other lawyers about the case.

6. The client agrees that he/she will shoulder the out-of-pocket expenses and other costs that may be brought by the case. [ON A MONTHLY BASIS]/[AS THEY ARE BILLED]/[BY REMITTING $_________ PER MONTH]/[OTHER ARRANGEMENT].

7. It is the duty of the client to keep the medical billings updated.

8. The client should agree to provide the lawyer as fees: ______ percent of any settlement or recovery, and _______ if the decision is rendered and the case is subsequently 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] expenses, outstanding medical bills and costs of suit are deducted.

9. If Client is not able to recover, Client is not obliged to pay for legal services but must pay expenses.

10. If Client chooses to terminate the case after Lawyer has provided substantial legal advice and services, Client must pay and indemnify the Lawyer a sum equal to the probable fee. The probable fee is determined by a panel of the American Arbitration Association. Lawyer will bear the cost of the arbitration.

11. The Lawyer also reserves the right to terminate this contract if upon his/ her evaluation, the suit does not have merit or is groundless.

12. The client should understand that the outcome of the case is not solely on the part of the lawyer.

13. It is understood that this agreement is the only agreement governing the relationship between the client and the lawyer.

14. If there will be further agreements necessary to amend this agreement, there should be mutual consent from both the Lawyer and the Client.

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.

Date:_________________ ______________________________________Client
Date:_________________ ______________________________________Witness
Date:_________________ ______________________________________

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