Sample Contingent Fee Agreement
[LAW FIRM]CONTINGENT FEE AGREEMENT
_____________ hires [NAME/LAW FIRM] to pursue claims he or she may have in connection with
[INSERT DESCRIPTION OF ENGAGEMENT WITH REASONABLE DETAIL].
You have retained us on a contingent-fee basis and agree to pay us:
Twenty-five (25) percent of the gross amount recovered by settlement prior to the
filing of a complaint;
Thirty-three and a third (33⅓) percent of the gross amount recovered by settlement
after a complaint is filed but before a trial is commenced;
Forty (40) percent of the gross amount recovered during or immediately after the first
trial, by settlement or otherwise; or
Forty-five (45) percent of the gross amount recovered if an appeal or further action is
taken after the first trial.
For example, if the case settles for $100.00 prior to the filing of a complaint and you owe your
health-care provider $10.00, we receive $25.00, the health-care provider receives $10.00, and you
receive $65.00. If the case settles for $100.00 after the filing of a complaint and you owe your
health-care provider $10.00, we receive $33.34, the health-care provider receives $10.00, and you
Except as provided in the next paragraph, our fees will be payable only out of amounts recovered.
If no recovery is obtained, no fees will be payable to us. You will, however, remain liable for all
costs incurred on your behalf regardless of recovery.
TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS:
Either party may
terminate the representation at any time, subject to our obligations under the Rules of
Professional Conduct and the approval of the court if the matter is in litigation.
In the event this agreement is terminated by us before settlement or ultimate recovery, no fees
shall be payable to us, but you shall remain responsible for payment of all costs advanced by us.
In the event this agreement is terminated by you before settlement or ultimate recovery, you
agree to pay us our fees at the hourly rates customarily charged by us for all time reasonably spent
by us on your behalf before your termination of this agreement, plus any costs advanced. Our
hourly rate for lawyer [NAME] is $_____. In addition, other attorneys and paralegals may work on
your matter. [Either insert the other attorneys and paralegals rates here or attach an exhibit
containing their schedules].
Unless previously terminated, our representation will terminate upon us sending you a closing
letter and providing you with an accounting of all funds received and disbursed on your behalf.
COSTS: You will be responsible for all actual out-of-pocket costs we incur on your behalf. Typical
costs include: travel expenses, long-distance telephone calls, outgoing fax (at INSERT RATE per
This Sample Contingent Fee Agreement is provided as a resource to the Transitioning into Practice
Mentorship Program and has not been approved nor endorsed by the State Bar of Nevada.