Sample contingency fee agreement
Our lawyers do not accept hourly payment for our services in personal injury cases (which is the only type of case our law firm handles). Our personal injury clients are not charged an hourly or set fee for our services. Instead, all of our clients are on a contingency fee retainer. We charge 33-1/3% of the settlement amount on all cases that we settle before filing a lawsuit and 40% of any money we recover for the client after a lawsuit is filed. If you lose your case, our law firm receives no fee and you do not have to pay any court costs or other expenses incurred in your case. We don't negotiate our fee.
Our fee agreement used to be quite long. Over the years, we have narrowed it down to a few paragraphs to make it as sample as possible. It reads:
I retain and employ Miller & Zois, LLC (M&Z) as my Attorneys to represent me in my claim against any individual, company or entity for injuries sustained arising out of an incident which occurred on August 17, 2010.
It is understood and agreed that my Attorneys will receive as their fee thirty-three and one-third percent (33-1/3%) of the gross amount received by way of settlement. In the event that a lawsuit is filed, or my case is submitted to binding arbitration, my Attorneys shall receive as their fee forty percent (40%) of the gross amount received. This retainer does not apply to any appeal I may decide to pursue from a court ruling. M&Z is not obligated to file any appeal on my behalf.
I further agree that in the event I choose to no longer pursue my case, or if this attorney-client relationship is terminated by either party, M&Z will retain my file until an agreement is made with respect to M&Z’s fee and M&Z is reimbursed for expenses incurred.
M&Z will advance all reasonable expenses associated with my case. Expenses include, but are not limited to, copies of medical records, police reports, depositions, investigative fees, photocopying, postage, filing fees of the court, expert witness fees, court reporter and videographer fees, travel expenses and any other expenses necessary for the proper handling of my case. If there is a recovery in my case, these expenses will be deducted after the contingency fee is calculated and will be reimbursed to M&Z out of any financial recovery obtained on my behalf.
M&Z will handle my personal injury protection claim, if applicable, at no charge to me. M&Z will assist me in handling my property damage claim, but will not take any fees out of my property damage recovery, unless suit is filed on my behalf for property damage related claims.
If there is no recovery on my behalf, M&Z does not receive a fee and M&Z will be responsible for any and all costs or expenses incurred.
Sally Smith Date
Miller & Zois, LLC Date
Contacting Miller and Zois - What Should I Do If I Have Suffered a Serious Injury in My Car or Truck Accident?
Our Maryland car accident and medical malpractice lawyers handle serious injury auto accident and medical malpractice cases throughout the country. W--e handle only very serious accident claims. If you or someone you love has been injured or killed in a car accident, call us at 800-553-8082 or get a free consultation online.
More Information on Your Claim
- Other Sample Letters to Clients for Attorneys Setting Up a Case
- Personal Injury Victims Help Center (information for victims on how to proceed)
- Example of a Demand Letter to the Insurance Company (sample demand letter)
- How Long Will Your Settlement Take? (information on how long a settlement should take)
- Do I Need a Lawyer? (deciding whether you need a lawyer for your accident claim)
- Can I Fire My Lawyer? (information on when and how to terminate your lawyer if you are not pleased with the handling of your claim)
- Lawsuit Loans (information for victims and lawyers on cash advances on lawsuits)
- What Is the Value of My Personal Injury Case? (details of how claims are valued with references to how specific types of injuries are valued)