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Contingency Retainer Agreement Template for India

A Contingency Retainer Agreement is a legal document used in India that establishes a fee arrangement between a lawyer or law firm and a client, where the legal fees are contingent upon the successful outcome of the case. This agreement, governed by Indian contract law and Bar Council regulations, specifies the percentage of recovery that will constitute the lawyer's fee, defines what constitutes success, outlines the scope of legal services, and addresses the handling of costs and expenses. The document ensures compliance with Indian legal practice requirements while protecting both the lawyer's and client's interests in litigation matters.

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What is a Contingency Retainer Agreement?

The Contingency Retainer Agreement is a crucial document in Indian legal practice, particularly utilized in cases where clients may not have the means to pay traditional upfront legal fees. This document is commonly used in civil litigation, property disputes, recovery matters, and personal injury cases. The agreement must comply with the Indian Contract Act, 1872, and the Bar Council of India regulations regarding professional conduct and fee arrangements. The document typically includes detailed provisions about success criteria, fee percentages, cost allocation, and client obligations. It serves as a risk-sharing arrangement between the lawyer and client, making legal services accessible to clients who might otherwise be unable to pursue legal action. The Contingency Retainer Agreement must be carefully drafted to ensure it remains within ethical boundaries while protecting both parties' interests in the Indian legal context.

What sections should be included in a Contingency Retainer Agreement?

1. Parties: Identification of the lawyer/law firm and the client with complete contact details and registration information

2. Background: Context of the legal matter and circumstances leading to the engagement

3. Definitions: Key terms used in the agreement including 'Success', 'Contingency Fee', 'Costs', and 'Recovery'

4. Scope of Services: Detailed description of legal services to be provided and the specific matter being handled

5. Contingency Fee Structure: Clear explanation of the fee calculation method, percentage rates, and conditions for payment

6. Success Criteria: Specific definition of what constitutes 'success' triggering the contingency fee obligation

7. Costs and Expenses: Allocation of responsibility for court fees, filing costs, and other expenses

8. Payment Terms: Timeline and method of fee payment upon achieving success

9. Client Responsibilities: Client's obligations including providing information, documents, and cooperation

10. Confidentiality: Provisions for maintaining client confidentiality and handling sensitive information

11. Termination: Conditions and process for ending the agreement, including fee implications

12. Governing Law: Specification of Indian law as governing law and jurisdiction details

What sections are optional to include in a Contingency Retainer Agreement?

1. Multiple Party Provisions: Required when there are multiple clients or a class action situation

2. Alternative Fee Arrangements: Used when offering hybrid fee structures combining contingency with other billing methods

3. Conflict Resolution: Detailed dispute resolution procedures, recommended for high-value matters

4. Insurance Requirements: Needed when professional indemnity insurance details must be specified

5. File Retention: Specific terms for document retention and file handling after matter conclusion

6. Referral Arrangements: Required when the matter involves referral from another lawyer or firm

7. Technology Usage: Needed when specific software or platforms will be used for case management

What schedules should be included in a Contingency Retainer Agreement?

1. Schedule A - Fee Calculation: Detailed breakdown of contingency fee percentages and calculation methods

2. Schedule B - Scope of Work: Detailed description of legal services and specific deliverables

3. Schedule C - Excluded Services: List of services specifically excluded from the agreement

4. Schedule D - Cost Schedule: Itemized list of anticipated costs and expenses

5. Appendix 1 - Client Information Form: Standard form collecting all necessary client information

6. Appendix 2 - Power of Attorney: Format for power of attorney if required for the matter

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Retainer Agreement

Cost

Free to use

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