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 Sample Contingent Fee Agreement – Medical Case

 1.  THE PARTIES TO THIS AGREEMENT

This agreement is made on January 1, 2020, by John Doe, (hereinafter referred to as the client), and Parsons Thompson & Hill  (hereinafter referred to as the attorneys).

 2.  THE CLAIM COVERED BY THIS AGREEMENT

The client agrees to retain the attorneys to render legal services on behalf of the client against Crosstown Hospital for claims arising out of medical treatment on July 1, 2019.

 3.  ATTORNEY FEE PERCENTAGES

The attorneys agree to use their best efforts in representing the client.  The client agrees to pay the attorneys for their services 40% of any settlement or verdict obtained.  In a case which is appealed, or otherwise is brought before an appellate court, the fee will be 45%.  

 4.  FEE CALCULATION IN SETTLEMENTS WITH FUTURE PAYMENTS

If the client agrees to a settlement which will be paid all or partially in the future, the contingent fee percentage will be applied to the cost of the annuity which will fund the future payments.  If the cost is unknown the fee will be charged against the calculated present value of the settlement.

 5.  ECONOMICALLY UNFEASIBLE CLAIMS

If the attorneys at any time determine a claim covered by this agreement is without merit or continued pursuit or it is economically unfeasible, they may cancel this agreement upon reasonable notice to the client.  If this happens, the client will owe the attorneys nothing.

 6.  SETTLEMENT OFFER REFUSED BY THE CLIENT

If an offer of settlement is made, and the attorneys recommend to the client the offer be accepted, but the client refuses to accept the offer, the attorneys may withdraw from representing the client, so long as withdrawal can be accomplished without prejudicing the claim.  Neither the inconvenience and effort required to find replacement counsel nor the possibility replacement counsel cannot be found in and of itself constitutes prejudicing the claim.  If the attorneys withdraw under these circumstances, and the claim covered by this agreement ultimately results in recovery, the attorneys will be entitled to fair compensation for the work done by them and to reimbursement of expenses advanced by them before withdrawing.  Fair compensation in this instance is defined as it is in paragraph 7.

 7.  DISCHARGE OF THE ATTORNEYS

If the client discharges the attorneys, the attorneys will be entitled to reimbursement of expenses incurred as of the date of discharge, regardless of whether the claim covered by this agreement produces any money.  If the client discharges the attorneys, the attorneys will also be entitled to fair compensation.  Fair compensation is defined as the part of the contingent fee which best represents the contribution made and risk assumed by the attorneys relative to the total of all contributions and risks, viewed retrospectively as of the resolution of the claim covered by this agreement.

 8.  EXPENSES

Expenses, including but not limited to deposition and travel expenses, expert witness fees, and medical record charges, will be advanced by the attorneys.  If the claim produces no recovery the client will not be required to reimburse the attorneys for expenses advanced, unless the failure to recover is a result of the situation explained in paragraph 6 or paragraph 7 of this agreement.  Expenses will be repaid from the client's share of any money recovered.  The attorneys are permitted to stop advancing expenses if acceptance of a settlement offer is recommended by the attorneys but refused by the client.  The attorneys are also permitted to stop advancing expenses if they cancel this agreement in accordance with paragraph 5, or if the attorneys are discharged by the client. 

9.  RIGHT TO INFORMATION

 The client is entitled to access to all documents and other things created or received by the attorneys in connection with the claim covered by this agreement.  Ordinarily this access will be provided by sending copies to the client as the documents are created or received.  An accounting of expenses ordinarily will not be provided to the client until and unless a recovery is made.  However, interim accountings are available to the client on request.

 10.  ASSOCIATE COUNSEL

The attorneys may employ associate counsel at no extra cost to the client to whatever extent the attorneys deem advisable.  However, the attorneys will at all times remain as lead counsel with primary responsibility for the claim covered by this agreement.

 11.  APPEALS

The attorneys are not required by this agreement to appeal any adverse trial court ruling or jury verdict in the case, although they may do so if they believe an appeal is economically feasible and in the client's best interest.   The attorneys are required to defend against any appeal taken by a defendant in the case, unless there is no reasonable chance that doing so will benefit the client.

 12.  BINDING ON HEIRS, ETC.

The client agrees to bind his heirs, personal legal representatives, and assigns to this agreement.

13.  ASSIGNMENT PROHIBITED

 The client is not permitted to assign any or all of his rights under this agreement without written consent to do so from the attorneys.

14.  GOVERNING LAW

 Any dispute arising with respect to this contract will be governed by the law of the State of West Virginia.

15.  SUBROGATION CLAIMS

The attorneys are authorized to pay any legally enforceable subrogation claim from the client’s share of the proceeds of any settlement or verdict.

16.  OPPORTUNITY TO READ AND UNDERSTAND

 The client has had time to read this agreement carefully, to study it, and to ask the attorneys questions about it before signing it.

 17.  EVERYTHING IN THIS AGREEMENT IS NEGOTIABLE

The client is not required to accept this agreement without change.  Any changes are set forth below (or if needed on a separate, attached sheet).

Changes: