Fillable Printable Sample Contingent Fee Agreement - Nevada

Sample Contingent Fee Agreement - Nevada

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].

FEE:

You have retained us on a contingent-fee basis and agree to pay us:

(1)

Twenty-five (25) percent of the gross amount recovered by settlement prior to the

filing of a complaint;

(2)

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;

(3)

Forty (40) percent of the gross amount recovered during or immediately after the first

trial, by settlement or otherwise; or

(4)

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

receive $56.66.

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.

page), Federal Express, courier services, and delivery charges, photocopying (at INSERT RATE per

page), online database retrieval charges (Lexis, Westlaw, etc.), filing fees, and other litigation

related expenses. We anticipate making advances to cover out-of-pocket costs incurred but

reserve the right to forward to you any larger items (such as expert witness fees or deposition

costs) with the request that you pay them directly to the service providers. Costs advanced by us

are taken out of your portion of any settlement proceeds after the contingency amount has been

calculated.

OPPOSING PARTY’S FEES AND COSTS: In the event that you lose in litigation, you may be

responsible for the opposing party’s attorneys’ fees and costs.

CLIENT’S RESPONSIBILITIES: We cannot effectively represent you without your cooperation and

assistance. You agree to cooperate fully with us and to provide promptly all information known or

available to you that is relevant to our representation. Your obligations include timely providing

requested information and documents, assisting in discovery, disclosure and trial preparation,

cooperating in scheduling and related matters, responding timely to telephone calls and

correspondence, and informing us of changes in your address and telephone numbers.

SETTLEMENT: We will not enter into a settlement without your consent.

DOCUMENT RETENTION: At the end of our engagement, we will turn over the file to you. If you

do not want the file, you agree that the file may be destroyed in accordance with our document

retention policy and the Nevada Rules of Professional Conduct. Currently, it is our policy to destroy

files seven years after the termination of the representation.

ARBITRATION OF FEE DISPUTES: If a dispute arises between us and you regarding our fees, the

parties agree to resolve that dispute through the State Bar’s Fee Dispute Arbitration Program.

Either party may initiate fee arbitration by contacting the State Bar’s Client Protection Coordinator

at 702-382-2200 or by going to the Fee Dispute webpage at www.nvbar.org.

NO ADVICE REGARDING THIS FEE AGREEMENT: We are not acting as your counsel with respect to

this agreement. If you wish to be advised on whether you should enter into this agreement, we

recommend that you consult with independent counsel of your choice.

NO GUARANTEES HAVE BEEN MADE AS TO WHAT AMOUNTS, IF ANY, YOU MAY BE ENTITLED TO

RECOVER IN THIS CASE OR THE FINAL OUTCOME IN THIS CASE.

DATED this day of , 20__.

______________________________________

Client’s Name

DATED this day of , 20__.

______________________________________

Lawyer’s Name