The Contingency Fee Retainer Agreement serves as a crucial document in the Hong Kong legal services context, where traditional contingency fee arrangements (percentage-based fees) are generally prohibited. This agreement is utilized when establishing a professional relationship between a law firm and a client, requiring careful structuring of fee arrangements that comply with Hong Kong's legal framework. It is particularly relevant in litigation, dispute resolution, and corporate matters where alternative fee structures need to be implemented. The document includes comprehensive details about the scope of services, fee arrangements, payment terms, client obligations, and various other aspects of the legal representation relationship, all while ensuring compliance with the Legal Practitioners Ordinance, professional conduct rules, and common law principles against champerty and maintenance.
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1. Parties: Identification of the law firm and the client, including full legal names and addresses
2. Background: Context of the legal matter and the basis for entering into the retainer agreement
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Matter', 'Fees', and other relevant definitions
4. Scope of Services: Detailed description of the legal services to be provided, including any limitations or exclusions
5. Appointment: Formal appointment of the law firm and acceptance of the terms
6. Fee Structure: Clear outline of the fee arrangement, ensuring compliance with Hong Kong law regarding legal fee structures
7. Disbursements and Other Costs: Details of additional costs, expenses, and disbursements that will be charged to the client
8. Billing and Payment Terms: Payment schedule, invoicing procedures, and consequences of non-payment
9. Client Obligations: Client's responsibilities including providing information, instructions, and cooperation
10. Confidentiality: Obligations regarding confidential information and legal professional privilege
11. Conflicts of Interest: Provisions dealing with actual or potential conflicts of interest
12. Termination: Circumstances and procedures for terminating the retainer agreement
13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Anti-Money Laundering Compliance: Required if the matter involves financial transactions or when dealing with certain types of clients
2. Document Retention: Optional section detailing the firm's policy on retention and disposal of client documents
3. Intellectual Property Rights: Required if the legal services involve intellectual property matters
4. Force Majeure: Optional clause dealing with circumstances beyond parties' control
5. Assignment: Optional section prohibiting or limiting the assignment of rights under the agreement
6. Third Party Rights: Optional section addressing the application of the Contracts (Rights of Third Parties) Ordinance
7. Professional Indemnity Insurance: Optional section detailing the firm's insurance coverage
8. Data Protection: Required if personal data processing is involved in providing the services
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee arrangements, hourly rates, and payment terms
2. Schedule 2 - Scope of Services: Detailed description of the specific legal services to be provided
3. Schedule 3 - Named Personnel: List of key lawyers and personnel assigned to the matter
4. Appendix A - Client Care Information: Standard information about the firm's client care procedures and complaints handling
5. Appendix B - Terms and Conditions: Standard terms and conditions of the firm's services
6. Appendix C - Compliance Requirements: Details of regulatory compliance requirements and client verification procedures
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