Fee Agreement – Hybrid Billing (Reduced Hourly + Contingency/Success Fee)
1. Parties and Matter
- Law Firm: [Firm Name], [Address].
- Client: [Client Name/Entity], [Address].
- Matter Description: [Brief description].
2. Hybrid Fee Structure
- Reduced Hourly Component:
- Partners: $[Rate]/hour
- Associates: $[Rate]/hour
- Paralegals: $[Rate]/hour
- Minimum billing increment: [0.1] hour.
- Contingent/Success Component:
- Upon recovery or defined success event, firm receives [Percentage]% of gross recovery OR success fee of $[Amount] payable upon achievement of [Milestone].
- Contingent portion calculated after reimbursement of advanced costs unless otherwise required by law.
3. Retainer and Billing
- Client pays initial retainer of $[Amount], held in trust, applied to hourly fees and costs.
- Client agrees to replenish trust when balance falls below $[Threshold].
- Monthly invoices issued detailing hourly charges, costs, and accrued success fee (if applicable).
4. Costs and Expenses
- Client responsible for litigation expenses, expert witnesses, filing fees, travel, technology, mediation, and other third-party costs.
- Firm may advance costs; reimbursement due upon invoice or from recovery.
- Expenses over $[Amount] require prior approval unless urgent.
5. Success Event Definition
- "Success Event" means [e.g., settlement exceeding $X, dismissal of claims, achievement of transaction closing].
- Parties may modify success criteria in writing before event occurs.
6. Client Responsibilities
- Provide timely information, decisions, and cooperation in discovery and negotiations.
- Maintain open communication and promptly review documents.
7. Settlement Authority
- Client retains final authority to settle; attorney must obtain written consent before acceptance.
- If client rejects recommendation leading to withdrawal, client responsible for fees/costs to date and any contractually owed success fee triggered before withdrawal.
8. Trust Account Disbursement Order
- Reimbursement of advanced costs.
- Payment of accrued hourly fees.
- Payment of contingent/success fee.
- Distribution of remainder to client.
9. Termination and Quantum Meruit
- Client may terminate at any time with written notice. Firm entitled to unpaid hourly fees, reimbursed costs, and reasonable value of contingent interest payable from future recovery.
- Firm may withdraw for nonpayment, conflict, or ethical obligations, subject to court approval where required.
10. Dispute Resolution
- Fee disputes submitted to [State/County Bar Fee Arbitration Program] prior to litigation.
- Governing law: [State]; venue: [County].
11. File Retention
- Files maintained for [Number] years after matter completion; originals returned on request.
12. Entire Agreement
- Represents complete understanding; modifications must be in writing signed by both parties.
13. Signatures
| Party | Signature | Date |
|---|---|---|
| [Client Name/Representative] | ________ | ____ |
| [Attorney Name], [Firm Name] | ________ | ____ |