1 Form No. 1 Sample Written Fee Agreement Hourly Litigation LAW

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

Form No. 1

Sample Written Fee Agreement

Hourly Litigation

LAW FIRM

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

(Date)

ATTORNEY-CLIENT FEE AGREEMENT

[LAW FIRM OR ATTORNEY] (“Attorney”) and [CLIENT] (“Client”) hereby agree that

Attorney will provide legal services to Client on the terms set forth below.

1. CONDITIONS

This Agreement will not take effect, and Attorney will have no obligation to provide legal

services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial

deposit called for under Paragraph 4; and (c) Attorney acknowledges acceptance of

representation by counter-signing this Agreement and returning a fully executed copy to

Client. Upon satisfaction of these conditions, this Agreement will be deemed to take effect

as of [DATE].

2. SCOPE OF SERVICES AND ATTORNEY’S DUTIES

Client hires Attorney to provide legal services in the following matter: [PROVIDE

DETAILED DESCRIPTION OF SERVICES TO BE PROVIDED]. Attorney will provide

those legal services reasonably required to represent Client. Attorney will take reasonable

steps to keep Client informed of progress and to respond to Client’s inquiries. If a court

action is filed, Attorney will represent Client through trial and post-trial motions. This

Agreement does not cover representation on appeal or in collection proceedings after

judgment or proceedings regarding renewal of a judgment. A separate written agreement for

these services or services in any other matter not described above will be required. Attorney

is representing Client only in the matter described above.

3. CLIENT’S DUTIES

Client agrees to be truthful with Attorney and not withhold information. Further Client

agrees to cooperate, to keep Attorney informed of any information or developments which

may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time,

and to keep Attorney advised of Client’s address, telephone number and whereabouts. Client

will assist Attorney by timely providing necessary information and documents. Client agrees

to appear at all legal proceedings when Attorney deems it necessary, and generally to

This sample written fee agreement form is intended to satisfy the basic requirements of Business & Professions

Code section 6148 but may not address varying contractual obligations which may be present in a particular case.

The State Bar makes no representation of any kind, express or implied, concerning the use of these forms.

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

cooperate fully with Attorney in all matters related to the preparation and presentation of

Client’s claims.

4. DEPOSIT

Client agrees to pay Attorney an initial deposit of $________ [PROVIDE DEPOSIT

AMOUNT] by _______ [DATE] which will be deemed an advance deposit for fees and costs

to be incurred in this matter. The hourly charges and costs will be charged against the

Deposit. The initial Deposit, as well as any future deposits, will be held in Attorney’s Client

Trust Account. Client authorizes Attorney to use that deposit to pay the fees and other

charges. Client acknowledges that the deposit is not an estimate of total fees and costs to be

charged by Attorney, but merely an advance.

Client agrees that Attorney’s right to recover fees and costs from the Deposit or any

subsequent deposit held in Attorney’s Client Trust Account becomes fixed ____ [PROVIDE

NUMBER] days after the date a bill is sent to Client. Client authorizes Attorney to withdraw

the funds from Attorney’s Client Trust Account to pay Attorney’s fees and costs ____

[PROVIDE NUMBER] calendar days after the date a bill is sent to Client. If Attorney

receives a written objection from Client within ____ [PROVIDE NUMBER] days of sending

the bill, Attorney’s right to withdraw the amount that is identified in the objection shall be

deemed to be disputed, and Attorney will not withdraw the disputed fees and/or costs from

the Client Trust Account until the dispute is resolved. If Attorney receives an objection from

Client more than ___ [PROVIDE NUMBER] days after the date the bill is sent and after the

funds have been withdrawn, Attorney will not be required to redeposit the disputed fees

and/or costs into the Client Trust Account during the pendency of the dispute.

Client agrees to pay all deposits after the initial deposit within ___ [PROVIDE NUMBER]

days of Attorney’s demand. In the event there is any money from any deposit remaining in

Attorney’s Client Trust Account after Attorney’s final bill is satisfied, that money will be

promptly refunded to Client.

Whenever the deposit is exhausted, Attorney reserves the right to demand further deposits,

each up to a maximum of $__________ [PROVIDE AMOUNT OF FURTHER DEPOSIT] at

any time before a trial or arbitration date is set. Once a trial or arbitration date is set, Client

will pay all sums then owing and deposit the Attorney’s fees estimated to be incurred in

preparing for and completing the trial or arbitration, as well as the jury fees or arbitration

fees, expert witness fees and other costs likely to be assessed. Those sums may exceed the

maximum deposit.

5. LEGAL FEES AND BILLING PRACTICES

Client agrees to pay by the hour at Attorney’s rates as set forth below for all time spent on

Client’s matter by Attorney and Attorney’s legal personnel. Current hourly rates for legal

personnel are as follows:

Senior partners ____________ /hour

Partners _____________ /hour

Associates _____________ /hour

Paralegals _____________ /hour

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

Law clerks _____________ /hour

The rates on this schedule are subject to change on 30 days written notice to Client. If Client

declines to pay increased rates, Attorney will have the right to withdraw as attorney for

Client if permitted under the Rules of Professional Conduct of the State Bar of California

and/or applicable law.

The time charged will include, but is not limited to, the time Attorney spends on telephone

calls, e-mails and other electronic communications relating to Client’s matter, including calls

and e-mails with Client, witnesses, opposing counsel, court personnel or other persons.

[OPTIONAL: The legal personnel assigned to Client’s matter may confer among themselves

about the matter, as required and appropriate. When they do confer, each person will charge

for the time expended, as long as the work done is reasonably necessary and not duplicative.

Likewise, if more than one of the legal personnel attends a meeting, court hearing or other

proceeding, each will charge for the time spent.] Time is billed in minimum increments one-

tenth (.1) of an hour. Attorney will charge for waiting time in court and elsewhere and for

travel time, both local and out of town.

6. COSTS AND OTHER CHARGES

(a) Attorney will incur various costs and expenses in performing legal services under this

Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to

the hourly fees. The costs and expenses commonly include, service of process charges,

filing fees, court and deposition reporters’ fees, translator/interpreter fees, jury fees,

notary fees, deposition costs, long distance telephone charges, messenger and other

delivery fees, postage, outside photocopying and other reproduction costs, travel costs

including parking, mileage, transportation, meals and hotel costs, investigation expenses,

consultants’ fees, expert witness, professional, mediator, arbitrator and/or special master

fees and other similar items. The foregoing external costs and expenses will be charged

at Attorney’s cost. Internal charges are billed at the following rates: (1) mileage – IRS

Standard Mileage Rate; (2) in-house printing and photocopying – [__] [PROVIDE

RATE] cents per page; (3) facsimile charges – [__] [PROVIDE RATE] cents per page;

(4) postage at cost; and (5) computerized legal research at cost.

(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs

of any necessary out-of-town travel by Attorney and Attorney’s personnel. Client will

also be charged _____% [PROVIDE RATE] of the hourly rates for the time legal

personnel spend traveling.

Client’s case, it may become necessary to hire expert witnesses, consultants or

investigators. Client agrees to pay such fees and charges. Attorney will select any expert

witnesses, consultants or investigators to be hired, and Client will be informed of persons

chosen and their charges.

(d) Attorney will obtain Client’s consent before incurring any costs in excess of

$_____________ [PROVIDE AMOUNT].

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

7. OTHER FEES AND COSTS

Client understands that if Client’s case proceeds to court action or arbitration, the court may

award attorney fees as well as some or all of the type of costs enumerated in Paragraph 6

above to the other party or parties. Payment of such attorney fees and costs shall be the sole

responsibility of Client. Similarly, other parties may be required to pay some or all of the

fees and costs incurred by the Client. Client acknowledges that any such determination does

not in and of itself affect the amount of the fees and costs to be paid by Client to Attorney

pursuant to this agreement.

8. BILLS

Attorney will send Client periodic bills for fees and costs incurred. Each bill will be payable

within ____ [PROVIDE NUMBER] days of its mailing date. Client may request a bill at

intervals of no less than 30 days. If Client so requests, Attorney will provide one within 10

days. Bills for the fee portion of the bill will include the amount, rate, basis for calculation,

or other method of determination of the Attorney’s fees. Bills for the cost and expense

portion of the bill will clearly identify the costs and expenses incurred and the amount of the

costs and expenses. Client agrees to promptly review all bills rendered by Attorney and to

promptly communicate any objections, questions, or concerns about their contents.

9. CLIENT APPROVAL NECESSARY FOR SETTLEMENT

Attorney will not make any settlement or compromise of any nature of any of Client’s claims

without Client’s prior approval. Client retains the absolute right to accept or reject any

settlement.

10. DISCHARGE AND WITHDRAWAL

Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent or

for good cause or if permitted under the Rules of Professional Conduct of the State Bar of

California and/or applicable law. Among the circumstances under which Attorney may

withdraw are: (a) with the consent of Client; (b) Client’s conduct renders it unreasonably

difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to

pay Attorney’s fees or costs as required by this Agreement. Notwithstanding the discharge,

Client will remain obligated to pay Attorney at the agreed rates for all services provided and

to reimburse Attorney for all costs advanced.

11. CONCLUSION OF SERVICES

When Attorney’s services conclude, whether by completing the services covered by this

Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due

and payable immediately.

Client may have access to Client’s case file at Attorney’s office at any reasonable time. At

the end of the engagement, Client may request the return of Client’s case file. If Client has

not requested the return of Client’s file, and to the extent Attorney has not otherwise

delivered it or disposed of it consistent with Client’s directions, Attorney will retain the case

file for a period of ________, [PROVIDE LENGTH OF TIME] after which Attorney is

authorized by this agreement to have the case file destroyed. If Client would like Attorney to

maintain Client’s case file for more than ___________ [PROVIDE LENGTH OF TIME]

after the conclusion of Attorney’s services for Client on a given matter, a separate written

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

agreement must be made between Attorney and Client, which may provide for Client to bear

the cost of maintaining the file. In the event Client requests that Attorney transfer possession

of Client’s case file to Client or a third party, Attorney is authorized to retain copies of the

case file at Attorney’s expense. The case file includes Client papers and property as defined

in Rule 3-700(D)(1) of the California Rules of Professional Conduct.

12. DISCLAIMER OF GUARANTEE AND ESTIMATES

Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed

as a promise or guarantee about the outcome of the matter. Attorney makes no such

promises or guarantees. Attorney’s comments about the outcome of the matter are

expressions of opinion only, are neither promises nor guarantees, and will not be construed as

promises or guarantees. Any deposits made by Client, or estimate of fees given by Attorney,

are not a representation of a flat fee and will not be a limitation on fees or a guarantee that

fees and costs will not exceed the amount of the deposit or estimate. Actual fees may vary

significantly from estimates given.

13. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE

Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing

that I ____have ____ do not have [CHECK APPROPRIATE ENTRY] professional liability

insurance.

14. NO TAX ADVICE

Attorney has not been retained to provide Client with any tax advice concerning any of the

services described in paragraph 2. Any documents prepared by Attorney may have specific

tax ramifications. To be sure Client understands and is certain of all the potential tax

consequences, Client should consult with tax advisors regarding these matters.

15. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties. No other agreement, statement,

or promise made on or before the effective date of this Agreement will be binding on the

parties.

16. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

If any provision of this Agreement is held in whole or in part to be unenforceable for any

reason, the remainder of that provision and of the entire Agreement will be severable and

remain in effect.

17. MODIFICATION BY SUBSEQUENT AGREEMENT

This Agreement may be modified by subsequent agreement of the parties only by an

instrument in writing signed by both of them.

18. EFFECTIVE DATE

This Agreement will govern all legal services performed by Attorney on behalf of Client

commencing with the date Attorney first performed services. The date at the beginning of

this Agreement is for reference only. Even if this Agreement does not take effect, Client will

July 24, 2015

Sample Fee Agreement Form: Hourly Litigation

be obligated to pay Attorney the reasonable value of any services Attorney may have

performed for Client.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND

AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,

JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS

AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS

AGREEMENT.

DATED: _________________________ _________________________________

CLIENT

Address:__________________________

_________________________________

Telephone:________________________

E-mail Address:____________________

DATED: _________________________ ATTORNEY OR LAW FIRM

By:______________________________

ATTORNEY

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

Form No. 2

Sample Written Fee Agreement

Hourly Non-Litigation

LAW FIRM

ADDRESS

PHONE NUMBER

(Date)

ATTORNEY-CLIENT FEE AGREEMENT

[LAW FIRM OR ATTORNEY] (“Attorney”) and [CLIENT] (“Client”) hereby agree that

Attorney will provide legal services to Client on the terms set forth below.

1. CONDITIONS

This Agreement will not take effect, and Attorney will have no obligation to provide legal

services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial

deposit called for under Paragraph 4; and (c) Attorney acknowledges acceptance of

representation by counter-signing this Agreement and returning a fully executed copy to

Client. Upon satisfaction of these conditions, this Agreement will be deemed to take effect

retroactive to [DATE].

2. SCOPE OF SERVICES AND ATTORNEY’S DUTIES

Client hires Attorney to provide legal services in the following matter: [PROVIDE

DETAILED DESCRIPTION OF SERVICES TO BE PROVIDED]. Attorney will provide

those legal services reasonably required to represent Client. Attorney will take reasonable

steps to keep Client informed of progress and to respond to Client’s inquiries. This

Agreement does not cover litigation services of any kind, whether in court, arbitration,

administrative hearings, or government agency hearings. A separate written agreement for

these services or services in any other matter not described above will be required.

3. CLIENT’S DUTIES

Client agrees to be truthful with Attorney and not to withhold information, to cooperate, to

keep Attorney informed of any information or developments which may come to Client’s

attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney

advised of Client’s address, telephone number and whereabouts. Client will assist Attorney

by timely providing necessary information and documents.

This sample written fee agreement form is intended to satisfy the basic requirements of Business & Professions

Code section 6148 but may not address varying contractual obligations, which may be present in a particular case.

The State Bar makes no representation of any kind, express or implied, concerning the use of these forms.

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

4. DEPOSIT

Client agrees to pay Attorney an initial deposit of $________ [PROVIDE DEPOSIT

AMOUNT] by _________ [DATE] which will be deemed an advance deposit for fees and

costs to be incurred in this matter. The hourly charges and costs will be charged against the

Deposit. The initial Deposit, as well as any future deposit, will be held in Attorney’s Client

Trust Account. Client authorizes Attorney to use that deposit to pay the fees and other

charges. Client acknowledges that the deposit is not an estimate of total fees and costs to be

charged by Attorney, but merely an advance.

Client agrees that Attorney’s right to recover fees and costs from the Deposit or any

subsequent deposit held in Attorney’s Client Trust Account becomes fixed ____ [PROVIDE

NUMBER] days after the date a bill is sent to Client. Client authorizes Attorney to withdraw

the funds from Attorney’s Client Trust Account to pay Attorneys’ fees and costs ____

[PROVIDE NUMBER] calendar days after the date a bill is sent to Client. If Attorney

receives a written objection from Client within ______ [PROVIDE NUMBER] days of

sending the bill, Attorney’s right to recover the amount that is identified in the objection will

be deemed to be disputed, and Attorney will not withdraw the disputed fees and/or costs from

the Client Trust Account until the dispute is resolved. If Attorney receives an objection from

Client more than ___ [PROVIDE NUMBER] days after the date the bill is sent and after the

funds have been withdrawn, Attorney shall not be required to redeposit the disputed fees

and/or costs into the Client Trust Account during the pendency of the dispute.

Client agrees to pay all deposits after the initial deposit within ___ [PROVIDE NUMBER]

days of Attorney’s demand. In the event there is any money from any deposit remaining in

Attorney’s Client Trust Account after Attorney’s final bill is satisfied, that money will be

promptly refunded to Client.

Whenever the deposit is exhausted, Attorney reserves the right to demand further deposits,

each up to a maximum of $__________ [PROVIDE AMOUNT OF FURTHER DEPOSIT] .

5. LEGAL FEES AND BILLING PRACTICES

Client agrees to pay by the hour at Attorney’s rates as set forth below for all time spent on

Client’s matter by Attorney and Attorney’s legal personnel. Current hourly rates for legal

personnel are as follows:

Senior partners ____________ /hour

Partners _____________ /hour

Associates _____________ /hour

Paralegals _____________ /hour

Law clerks _____________ /hour

The rates on this schedule are subject to change on 30 days written notice to Client. If Client

declines to pay increased rates, Attorney will have the right to withdraw as attorney for Client

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

if permitted under the Rules of Professional Conduct of the State Bar of California and/or

applicable law.

The time charged will include, but is not limited to, the time Attorney spends on telephone

calls, e-mails and other electronic communications relating to Client’s matter, including calls

and e-mails with Client and other parties and attorneys. [OPTIONAL: The legal personnel

assigned to Client’s matter may confer among themselves about the matter, as required and

appropriate. When they do confer, each person will charge for the time expended, as long as

the work done is reasonably necessary and not duplicative. Likewise, if more than one of the

legal personnel attends a meeting or other proceeding, each will charge for the time spent].

Time is billed in minimum increments of one-tenth (.1) of an hour. Attorney will charge for

waiting time and for travel time, both local and out of town.

6. COSTS AND OTHER CHARGES

(a) Attorney will incur various costs and expenses in performing legal services under this

Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to

the hourly fees. The costs and expenses commonly include notary fees, long distance

telephone charges, messenger and other delivery fees, postage, outside photocopying and

other reproduction costs, travel costs including parking, mileage, transportation, meals and

hotel costs, investigation expenses, translator/interpreter fees, consultants’ fees and/or

special master fees and other similar items. The foregoing external costs and expenses

will be charged at Attorney’s cost. Internal charges are billed at the following rates: (1)

mileage – IRS Standard Mileage Rate; (2) in-house printing and photocopying – [__]

[PROVIDE RATE] cents per page; (3) facsimile charges – [__][PROVIDE RATE] cents

per page; (4) postage at costs; and (5) computerized legal research at cost.

(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs

of any necessary out-of-town travel by Attorney and Attorney’s personnel. Client will

also be charged _____% [PROVIDE RATE] of the hourly rates for the time legal

personnel spend traveling.

Client’s case, it may become necessary to hire expert witnesses, consultants or

investigators. Client agrees to pay such fees and charges. Attorney will select any expert

witnesses, consultants or investigators to be hired, and Client will be informed of persons

chosen and their charges.

(d) Attorney will obtain Client’s consent before incurring any costs in excess of

$_____________ [PROVIDE AMOUNT].

7. BILLS

Attorney will send Client periodic bills for fees and costs incurred. Each bill will be payable

within ____ [PROVIDE NUMBER] days of its mailing date. Client may request a bill at

intervals of no less than 30 days. If Client so requests, Attorney will provide one within 10

days. Bills for the fee portion of the bill will include the amount, rate, basis for calculation, or

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

other method of determination of the Attorney’s fees. Bills for the cost and expense portion of

the bill will clearly identify the costs and expenses incurred and the amount of the costs and

expenses. Client agrees to promptly review all bills rendered by Attorney and to promptly

communicate any objections, questions, or concerns about their contents.

8. CLIENT APPROVAL NECESSARY FOR SETTLEMENT

Attorney will not make any settlement or compromise of any nature of any of Client’s claims

without Client’s prior approval. Client retains the absolute right to accept or reject any

settlement.

9. DISCHARGE AND WITHDRAWAL

Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent or

for good cause or if permitted under the Rules of Professional Conduct of the State Bar of

California and/or applicable law. Among the circumstances under which Attorney may

withdraw are: (a) with the consent of Client; (b) Client’s conduct renders it unreasonably

difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to pay

Attorney’s fees or costs as required by this Agreement. Notwithstanding the discharge, Client

will remain obligated to pay Attorney at the agreed rates for all services provided and to

reimburse Attorney for all costs advanced.

10. CONCLUSION OF SERVICES

When Attorney’s services conclude, whether by completing the services covered by this

Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and

payable immediately.

Client may have access to Client’s case file at Attorney’s office at any reasonable time. At the

end of the engagement, Client may request the return of Client’s case file. If Client has not

requested the return of Client’s file, and to the extent Attorney has not otherwise delivered it

or disposed of it consistent with Client’s directions, Attorney will retain the case file for a

period of ______ [PROVIDE LENGTH OF TIME], after which Attorney is authorized by this

agreement to have the case file destroyed. If Client would like Attorney to maintain Client’s

case file for more than _______ [PROVIDE LENGTH OF TIME] after the conclusion of

Attorney’s services for Client on a given matter, a separate written agreement must be made

between Attorney and Client, which agreement may provide for Client to bear the cost of

maintaining the file. In the event Client requests that Attorney transfer possession of Client’s

case file to Client or a third party, Attorney is authorized to retain copies of the case file. The

case file includes Client papers and property as defined in Rule 3-700(D)(1) of the California

Rules of Professional Conduct.

11. DISCLAIMER OF GUARANTEE AND ESTIMATES

Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as

a promise or guarantee about the outcome of the matter. Attorney makes no such promises or

guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion

only, are neither promises nor guarantees, and will not be construed as promises or

guarantees. Any deposits made by client or estimate of fees given by Attorney are not a

representation of a flat fee and will not be a limitation on fees or a guarantee that fees and

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

costs will not exceed the amount of the deposit or estimate. Actual fees may vary

significantly from estimates given.

12. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE

Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing that

I ____have ____ do not have [CHECK APPROPRIATE ENTRY] professional liability

insurance.

13. NO TAX ADVICE

Attorney has not been retained to provide Client with any tax advice concerning any of the

services described in paragraph 2. Any documents prepared by Attorney may have specific tax

ramifications. To be sure Client understands and is certain of all the potential tax

consequences, Client should consult with tax advisors regarding these matters.

14. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties. No other agreement, statement,

or promise made on or before the effective date of this Agreement will be binding on the

parties.

15. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

If any provision of this Agreement is held in whole or in part to be unenforceable for any

reason, the remainder of that provision and of the entire Agreement will be severable and

remain in effect.

16. MODIFICATION BY SUBSEQUENT AGREEMENT

This Agreement may be modified by subsequent agreement of the parties only by an

instrument in writing signed by both of them.

17. EFFECTIVE DATE

This Agreement will govern all legal services performed by Attorney on behalf of Client

commencing with the date Attorney first performed services. The date at the beginning of this

Agreement is for reference only. Even if this Agreement does not take effect, Client will be

obligated to pay Attorney the reasonable value of any services Attorney may have performed

for Client.

July 24, 2015

Sample Fee Agreement Form: Hourly Non-Litigation

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND

AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,

JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.

CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT.

DATED: _________________________ _________________________________

CLIENT

Address:__________________________

_________________________________

Telephone:________________________

E-mail Address:____________________

DATED: _________________________ ATTORNEY OR LAW FIRM

By:______________________________

ATTORNEY

July 24, 2015

Sample Fee Agreement Form: Contingency

Form No. 3

Sample Written Fee Agreement

Contingency Fee Agreement

LAW FIRM

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

(Date)

ATTORNEY-CLIENT FEE AGREEMENT

[LAW FIRM OR ATTORNEY] (“Attorney”) and [CLIENT] (“Client”) hereby agree that

Attorney will provide legal services to Client on the terms set forth below.

1. CONDITIONS

This Agreement will not take effect, and Attorney will have no obligation to provide legal

services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial

deposit for costs, if any, called for under Paragraph 7; and (c) Attorney acknowledges

acceptance of representation by counter-signing this Agreement and returning a fully executed

copy to Client. Upon satisfaction of these conditions, this Agreement will be deemed to take

effect as of [DATE].

2. SCOPE OF SERVICES AND ATTORNEY’S DUTIES

Client hires Attorney to provide legal services in the following matter: [PROVIDE

DETAILED DESCRIPTION OF SERVICES TO BE PROVIDED]. Attorney will provide

those legal services reasonably required to represent Client. Attorney will take reasonable

steps to keep Client informed of progress and to respond to Client’s inquiries. If a court

action is filed, Attorney will represent Client through trial and post-trial motions. This

Agreement does not cover representation on appeal or in collection proceedings after

judgment or proceedings regarding renewal of a judgment. A separate written agreement for

these services or services in any other matter not described above will be required. Attorney is

representing Client only in the matter described above.

This Agreement also does not include defending Client against, or representing Client in, any

claims that may be asserted against Client as a cross-claim or counter-claim in Client’s case.

If any such matters arise later, Attorney and Client will either negotiate a separate agreement

if Client and Attorney agree that the Attorney will perform such additional legal work or

Client will engage separate counsel with respect to the cross-claim or counter-claim or

additional legal work.

This sample written fee agreement form is intended to satisfy the basic requirements of Business & Professions

Code Section 6147 but may not address varying contractual obligations which may be present in a particular case.

The State Bar makes no representation of any kind, express or implied, concerning the use of these forms.

July 24, 2015

Sample Fee Agreement Form: Contingency

3. CLIENT’S DUTIES

Client agrees to be truthful with Attorney and not to withhold information. Further, Client

agrees to cooperate, to keep Attorney informed of any information or developments which

may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time,

and to keep Attorney advised of Client’s address, telephone number and whereabouts. Client

will assist Attorney by timely providing necessary information and documents. Client agrees

to appear at all legal proceedings when Attorney deems it necessary, and generally to

cooperate fully with Attorney in all matters related to the preparation and presentation of

Client’s claims.

4. LEGAL FEES

Attorney will only be compensated for legal services rendered if a recovery is obtained for

Client. If no recovery is obtained, Client will be obligated to pay only for costs,

disbursements and expenses, as described in Paragraph 6.

The fee to be paid to Attorney will be a percentage of the “net recovery,” depending on the

stage at which the settlement or judgment is reached. The term “net recovery” means: (1) the

total of all amounts received by settlement, arbitration award or judgment, including any

award of attorney’s fees, (2) minus all costs and disbursements set forth in Paragraph 6. If

another party is ordered by the court to pay Client’s Attorney’s fees and/or costs, that award

will be part of Client’s net recovery and the contingent fee will be based on the Client’s total

recovery, including the amount of the court ordered award of attorney’s fees and/or costs. Net

recovery will also include the reasonable value of any non-monetary proceeds.

Attorney’s fee will be calculated as follows:

(a) If the matter is resolved before filing a lawsuit or formal initiation of proceedings,

then Attorney’s fee will be _________[PROVIDE RATE] percent (____%) of the

net recovery;

(b) If the matter is resolved prior to ____ [PROVIDE NUMBER] days before the

initial trial or arbitration date, then Attorney’s fee will be _________ [PROVIDE

RATE] percent (____%) of the net recovery; and

Attorney’s fee will be _________ [PROVIDE RATE] percent (____%) of the net

recovery.

In the event of Attorney’s discharge, or withdrawal with justifiable cause, as provided in

Paragraph 13, Client agrees that, upon payment of the settlement, arbitration award or

judgment in Client’s favor in this matter, Attorney will be entitled to be paid by Client a

reasonable fee for the legal services provided. Such fee will be determined by considering the

following factors:

(1) The amount of the fee in proportion to the value of the services performed;

July 24, 2015

Sample Fee Agreement Form: Contingency

(2) The relative sophistication of the Attorney and the Client;

(3) The novelty and difficulty of the questions involved and the skill requisite to

perform the legal service properly;

(4) The likelihood, if apparent to the Client, that the acceptance of the particular

employment will preclude other employment by the Attorney;

(5) The amount involved and the results obtained;

(6) The time limitations imposed by the Client or by the circumstances;

(7) The nature and length of the professional relationship with the Client;

(8) The experience, reputation, and ability of the Attorney;

(9) The time and labor required;

(10) The informed consent of the Client to the fee.

5. NEGOTIABILITY OF LEGAL FEES

Client understands that the rates set forth above are not set by law, but are negotiable between

Attorney and Client.

6. COSTS AND LITIGATION EXPENSES/OTHER ATTORNEY’S FEES

Attorney will incur various costs and expenses in performing legal services under this

Agreement. Client agrees to pay for all costs, disbursements and expenses paid or owed by

Client in connection with this matter, or which have been advanced by Attorney on Client’s

behalf and which have not been previously paid or reimbursed to Attorney.

Costs, disbursements and litigation expenses commonly include court fees, jury fees, service

of process charges, court and deposition reporters’ fees, interpreter/translator fees, outside

photocopying and reproduction costs, notary fees, long distance telephone charges, messenger

and other delivery fees, postage, deposition costs, travel costs including parking, mileage,

transportation, meals and hotel costs, investigation expenses, consultant, expert witness,

professional mediator, arbitrator and/or special master fees and other similar items. Internal

charges are billed at the following rates: (1) mileage – IRS Standard Mileage Rate; (2) in-

house printing and photocopying – [__] [PROVIDE RATE] cents per page; (3) facsimile

charges – [__] [PROVIDE RATE] cents per page; (4) messenger services – at cost; (5)

postage at cost; and (6) computerized legal research at cost.

Client understands that, as set forth in Paragraph 7 below, a deposit for costs may be required

before the expenditure is made by Attorney.

To aid in the preparation or presentation of Client’s case, it may become necessary to hire

expert witnesses, consultants or investigators. Attorney will select any expert witnesses,

July 24, 2015

Sample Fee Agreement Form: Contingency

consultants or investigators to be hired, and Client will be informed of persons chosen and

their charges.

Client authorizes Attorney to incur all reasonable costs and to hire any investigators,

consultants or expert witnesses reasonably necessary in Attorney’s judgment.

Attorney will obtain Client’s consent before incurring any costs in excess of $_____________

[PROVIDE AMOUNT].

A. Client’s Responsibility for Prevailing Party or Court Ordered Fees and Costs to Other

Party

Client understands that if Client’s case proceeds to court action or arbitration and Client loses

or is not the prevailing party, the court may award Attorney fees as well as some or all of the

type of costs enumerated in this Paragraph 6 to the winning or prevailing party or parties.

Payment of such attorney fees and costs will be the sole responsibility of Client.

If an award of fees and/or costs to be paid by another party is sought on Client’s behalf in this

action, Client understands that the amount which the court may order as fees and/or costs is

the amount the court believes the party is entitled to recover, and does not determine what fees

and/or costs Attorney is entitled to charge Client or that only the fees and/or costs which were

allowed were reasonable.

B. Allocation of Court Award for Statutory or Contract Fees and Costs

Client agrees that any award of fees and costs that may be awarded pursuant to contract or

statute will belong exclusively to Attorney. Client further agrees that, whether or not

attorney’s fees or costs are awarded by the court in Client’s case, if there is a recovery other

than an award of fees and costs pursuant to contract or statute Client will remain responsible

for the payment, in full, of the attorney’s fees and costs in accordance with this Agreement.

However, any payment of court-awarded fees and/or costs by a third party will be credited

against the amount of fees and/or costs owed by Client under this Agreement. Therefore,

Client agrees that the attorney’s fees and costs payable to Attorney pursuant to this Agreement

shall be the greater of: (i) the amount otherwise owed to Attorney under this Agreement if the

award of attorney’s fees and costs were disregarded; or (ii) the amount of the court ordered

award of attorney’s fees and costs.

C. Responsibility For and Allocation Of Sanctions

Client agrees that any award of fees and costs that may be awarded as discovery or other

sanctions shall not be considered part of the Client's recovery and shall belong exclusively to

Attorney as additional compensation for extraordinary time and effort.

The court may assess monetary sanctions, (including attorney fees and costs) against Client

for bad faith conduct, including of discovery proceedings prior to trial, or inappropriate

July 24, 2015

Sample Fee Agreement Form: Contingency

conduct during or even after trial. Any such award will be entirely the responsibility of

Client.

7. DEPOSIT

Client agrees to pay Attorney an initial deposit for costs of $_____________ [PROVIDE

AMOUNT], to be returned with this signed Agreement. Attorney will hold this initial deposit

in a trust account. Client hereby authorizes Attorney to use that deposit to pay the costs,

disbursements and other expenses incurred under this Agreement.

Client agrees that Attorney’s right to recover costs and expenses from the Deposit or any

subsequent deposit held in Attorney’s Client Trust Account becomes fixed ____ [PROVIDE

NUMBER] days after the date a bill is sent to Client. Client therefore authorizes Attorney to

withdraw the funds from Attorney’s Client Trust Account to pay Attorney’s costs and

expenses ____ [PROVIDE NUMBER] calendar days after the date a bill is sent to Client. If

Attorney receives a written objection from Client within ____ [PROVIDE NUMBER] days of

sending the bill, Attorney’s right to recover the amount that is identified in the objection will

be deemed to be disputed, and Attorney will not withdraw the disputed costs and/or expenses

from the Client Trust Account until the dispute is resolved. If Attorney receives an objection

from Client more than ___[PROVIDE NUMBER] days after the date the bill is sent and after

the funds have been withdrawn, Attorney will not be required to redeposit the disputed costs

and/or expenses into the Client Trust Account during the pendency of the dispute.

When Client’s deposit is exhausted, Attorney reserves the right to demand further deposits,

each up to a maximum of $_____________ [PROVIDE AMOUNT].

Once a trial or arbitration date is set, Attorney will require Client to pay all sums then owing,

and to deposit the costs Attorney estimates will be incurred in preparing for and completing

the trial or arbitration, as well as the jury fees or arbitration fees likely to be assessed. Those

sums may exceed the maximum deposit.

Client agrees to pay all deposits required under this Agreement within ____ [PROVIDE

NUMBER] days of Attorney’s demand. Any deposit that is unused at the conclusion of

Attorney’s services will be promptly refunded to Client.

8. BILLS FOR COSTS AND EXPENSES

Attorney will send Client periodic bills for costs and expenses incurred. Except as provided in

Paragraph 7 (“Deposit”), each bill is to be paid in full within ____ [PROVIDE NUMBER]

days of its mailing date. Client may request a bill at intervals of no less than 30 days. If

Client so requests, Attorney will provide one within 10 days. Bills for the cost and expense

portion of the bill will clearly identify the costs and expenses incurred and the amount of the

costs and expenses. Client agrees to promptly review all bills rendered by Attorney and to

promptly communicate any objections, questions, or concerns about their contents.

9. CLIENT APPROVAL NECESSARY FOR SETTLEMENT

Attorney will not make any settlement or compromise of any nature of any of Client’s claims

without Client’s prior approval. Client retains the absolute right to accept or reject any

settlement.

July 24, 2015

Sample Fee Agreement Form: Contingency

10. LIEN

Attorney has a lien on any and all claims that are the subject of Attorney’s representation

under this Agreement. Attorney’s lien will be for any sums owing to Attorney for any unpaid

costs, or attorney’s fees, at the conclusion of Attorney’s services. The lien will attach to any

recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise.

An effect of such a lien is that Attorney may be able to compel payment of fees and costs

from any such funds recovered on behalf of Client even if Attorney has been discharged

before the end of the case. In the event Attorney withdraws from representing Client without

cause, Attorney will not be entitled to any lien for fees. The lien will exist and attach to any

recovery only for costs already advanced by Attorney pursuant to Paragraph 6. Because a lien

may affect Client’s property rights, Client may seek the advice of an independent lawyer of

Client’s own choice before agreeing to such a lien. By initialing this paragraph, Client

represents and agrees that Client has had a reasonable opportunity to consult such an

independent lawyer and—whether or not Client has chosen to consult such an independent

lawyer—Client agrees that Attorney will have a lien as specified above.

__________(Client initials here) _________(Attorney initials here)

11. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE

Pursuant to California Rule of Professional Conduct 3-410, Attorney is informing Client in

writing that Attorney ____has ____ does not have [SELECT APPROPRIATE RESPONSE]

professional liability insurance.

12. NO TAX ADVICE

Attorney has not been retained to provide Client with any tax advice concerning any of the

services described in paragraph 2. Any documents prepared by Attorney may have specific tax

ramifications. To be sure Client understands and is certain of all the potential tax

consequences, Client should consult with tax advisors regarding these matters.

13. DISCHARGE AND WITHDRAWAL

Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent or

for good cause or if permitted under the Rules of Professional Conduct of the State Bar of

California and/or applicable law. Among the circumstances under which Attorney may

withdraw are: (a) with the consent of Client; (b) Client’s conduct renders it unreasonably

difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to pay

Attorney’s costs and expenses as required by this Agreement. Notwithstanding the discharge

and provided there is a recovery, Client will remain obligated to pay Attorney at a reasonable

rate for all services provided and to reimburse Attorney for all costs advanced.

Notwithstanding Client’s notice of discharge, and without regard to the reasons for the

withdrawal or discharge, Client will remain obligated to pay Attorney for all costs and

expenses incurred prior to the termination and, in the event that there is any net recovery

obtained by Client after conclusion of Attorney’s services, Client remains obligated to pay

Attorney for the reasonable value of all services rendered from the effective date of this

Agreement to the date of discharge. In the event Attorney voluntarily withdraws from

representing Client without cause, Attorney waives, and will not be entitled to be paid, any

July 24, 2015

Sample Fee Agreement Form: Contingency

fees by Client but will be entitled to be reimbursed for any costs and expenses already

advanced by Attorney.

14. CONCLUSION OF SERVICES

When Attorney’s services conclude, whether by completing the services covered by this

Agreement, or by discharge or withdrawal, all unpaid charges for costs and expenses will be

due and payable immediately. Client may have access to Client’s case file at Attorney’s

office at any reasonable time. At the end of the engagement, Client may request the return of

Client’s case file. If Client has not requested the return of Client’s file, and to the extent

Attorney has not otherwise delivered it or disposed of it consistent with Client’s directions,

Attorney will retain the case file for a period of _________ [PROVIDE LENGTH OF TIME],

after which Attorney is authorized by this agreement to have the case file destroyed. If Client

would like Attorney to maintain Client’s case file for more than _____________ [PROVIDE

LENGTH OF TIME] after the conclusion of Attorney’s services for Client on a given matter

have concluded, a separate written agreement must be made between Attorney and Client,

which may provide for Client to bear the cost of maintaining the file. In the event Client

requests that Attorney transfers possession of Client’s case file to Client or a third party,

Attorney is authorized to retain copies of the case file at Attorney’s expense. The case file

includes Client papers and property as defined in Rule 3-700(D)(1) of the California Rules of

Professional Conduct.

15. RECEIPT OF PROCEEDS

All proceeds of Client’s case will be deposited into Attorney’s trust account for disbursement

in accordance with the provisions of this Agreement.

16. DISCLAIMER OF GUARANTEE

Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as

a promise or guarantee about the outcome of this matter. Attorney makes no such promises or

guarantees. Attorney’s comments about the outcome of this matter are expressions of opinion

only, are neither promises nor guarantees, and will not be construed as promises or

guarantees. Any deposits made by client or estimate of costs and expenses given by Attorney

will not be a limitation on costs and expenses or a guarantee that costs and expenses will not

exceed the amount of the deposit or estimate. Actual costs and expenses may vary

significantly from estimates given.

17. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties. No other agreement, statement

or promise made on or before the effective date of this Agreement will be binding on the

parties.

18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

If any provision of this Agreement is held in whole or in part to be unenforceable for any

reason, the remainder of that provision and of the entire Agreement will be severable and

remain in effect.

July 24, 2015

Sample Fee Agreement Form: Contingency

19. MODIFICATION BY SUBSEQUENT AGREEMENT

This Agreement may be modified by subsequent agreement of the parties only by an

instrument in writing signed by both parties.

20. EFFECTIVE DATE

This Agreement will govern all legal services performed by Attorney on behalf of Client

commencing with the date Attorney first performed services. The date at the beginning of the

Agreement is for reference only. Even if this Agreement does not take effect, Client will be

obligated to pay Attorney the reasonable value of any services Attorney may have performed

for Client.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND

AGREE TO THEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE

JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.

THE CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT.

DATED: _________________________ _________________________________

CLIENT

Address:__________________________

_________________________________

Telephone:________________________

E-mail Address:____________________

DATED: _________________________ LAW FIRM NAME

By:______________________________

ATTORNEY