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Contingency Fee Agreement
"I need a Contingency Fee Agreement for a personal injury case in Manila, with a 30% fee structure for settlement before filing suit and 40% if litigation is required, to be effective January 15, 2025."
1. Parties: Identification of the Attorney/Law Firm and the Client with complete details
2. Background: Brief context of the legal matter and the reason for entering into a contingency fee arrangement
3. Definitions: Key terms used in the agreement including 'Recovery', 'Contingency Fee', 'Costs', and 'Net Recovery'
4. Scope of Legal Services: Detailed description of the legal services to be provided and the specific matter or case covered
5. Contingency Fee Structure: Clear statement of the percentage or calculation method for the contingency fee, including any sliding scale if applicable
6. Costs and Expenses: Explanation of how litigation costs and expenses will be handled, including whether they are deducted before or after calculating the contingency fee
7. Payment Terms: Specifics about when and how payment will be made upon successful recovery
8. Client's Rights and Obligations: Overview of the client's responsibilities and rights during the representation
9. Attorney's Rights and Obligations: Overview of the attorney's responsibilities and rights during the representation
10. Termination: Conditions and procedures for terminating the agreement, including fee calculations in case of early termination
11. Governing Law: Specification that the agreement is governed by Philippine law and reference to relevant regulations
12. Execution: Signature blocks and notarization requirements
1. Multiple Attorney Provision: Required when multiple attorneys or firms are involved in handling the case, specifying fee sharing arrangements
2. Alternative Dispute Resolution: Optional clause for handling disputes between attorney and client through mediation or arbitration
3. Referral Fee Disclosure: Required when there is a referral fee arrangement with another attorney
4. Recovery Appeal Provisions: Optional section detailing fee arrangements if the case goes to appeal
5. Client's Consent to Settlement: Optional detailed provisions about the client's role in settlement decisions
6. Communications Protocol: Optional section detailing how attorney-client communications will be handled
7. Conflict of Interest Disclosure: Required when there are potential conflicts that need to be disclosed and waived
1. Schedule A - Expense Categories: Detailed list of what constitutes reimbursable expenses and how they will be handled
2. Schedule B - Fee Calculation Examples: Examples showing how the contingency fee will be calculated in various scenarios
3. Schedule C - Client Document Checklist: List of documents the client needs to provide for the case
4. Appendix 1 - Power of Attorney: Standard power of attorney form if required for the specific case
5. Appendix 2 - Disclosure Statement: Required disclosures under Philippine law regarding contingency fee arrangements
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