Personal Injury Retainer Agreement Template: Fees & Scope

Personal Injury Retainer Agreement Template

This Personal Injury Retainer Agreement (“Agreement”) is made between:

Law Firm:

[Law Firm Name]

[Street Address]

[City, State/Province, ZIP/Postal Code]

Phone: [Phone Number]

Email: [Email Address]

and

Client:

[Client Full Name]

[Street Address]

[City, State/Province, ZIP/Postal Code]

Phone: [Phone Number]

Email: [Email Address]

1. Case and Parties

1.1 Matter Description

Client retains Law Firm to represent Client in connection with personal injury claims arising from the incident that occurred on or about:

• Date of Incident: [MM/DD/YYYY]

• Location of Incident: [City, State/Province, brief description]

• Type of Incident (check as applicable):

  • Motor vehicle accident (may include DUI-related crash)

  • Slip-and-fall / trip-and-fall

  • Premises liability incident

  • Workplace or job-related accident

  • Other personal injury: [Describe]

Date of Incident: [MM/DD/YYYY]

Location of Incident: [City, State/Province, brief description]

Type of Incident (check as applicable):

• Motor vehicle accident (may include DUI-related crash)

• Slip-and-fall / trip-and-fall

• Premises liability incident

• Workplace or job-related accident

• Other personal injury: [Describe]

Motor vehicle accident (may include DUI-related crash)

Slip-and-fall / trip-and-fall

Premises liability incident

Workplace or job-related accident

Other personal injury: [Describe]

1.2 Opposing Parties

To the extent known at this time, the adverse party or parties include:

[Name(s) of at-fault individual(s), business, insurer, or “Unknown at this time”]

2. Scope of Representation

2.1 Included Services

Law Firm agrees to provide legal services reasonably necessary to investigate, present, and pursue Client’s personal injury claim related to the incident described above. This may include, as appropriate:

• Communicating with insurance companies and adverse parties

• Collecting medical records, bills, and other evidence

• Evaluating settlement offers and negotiating resolution

• Preparing and filing a lawsuit, if agreed and appropriate

• Representing Client at hearings, mediations, and settlement conferences

• Trying the case in court if necessary and agreed

Communicating with insurance companies and adverse parties

Collecting medical records, bills, and other evidence

Evaluating settlement offers and negotiating resolution

Preparing and filing a lawsuit, if agreed and appropriate

Representing Client at hearings, mediations, and settlement conferences

Trying the case in court if necessary and agreed

2.2 Excluded Services

Unless specifically agreed in writing, this Agreement does not require Law Firm to:

• Handle appeals after judgment or post-judgment proceedings

• Handle unrelated matters (criminal, family, bankruptcy, tax, or other legal issues)

• Provide financial, tax, or investment advice

Handle appeals after judgment or post-judgment proceedings

Handle unrelated matters (criminal, family, bankruptcy, tax, or other legal issues)

Provide financial, tax, or investment advice

Any additional or separate legal matters will require a new written agreement or an amendment to this Agreement.

3. Contingency Fee Arrangement

3.1 Fee Based on Recovery

Client agrees that Law Firm’s fee for legal services will be a contingency fee, calculated as a percentage of the gross amount recovered (by settlement, judgment, or otherwise), before deduction of case expenses unless otherwise stated below.

Unless prohibited or modified by applicable law, the contingency fee will be:

• [___]% if the case is resolved before a lawsuit is filed; and

• [___]% if the case is resolved after a lawsuit, arbitration, or formal proceeding is filed; and

• [Optional] [___]% if the case proceeds to trial or appeal.

[___]% if the case is resolved before a lawsuit is filed; and

[___]% if the case is resolved after a lawsuit, arbitration, or formal proceeding is filed; and

[Optional] [___]% if the case proceeds to trial or appeal.

3.2 No Fee if No Recovery

If there is no monetary recovery for Client, Law Firm will not charge a fee for legal services. Treatment of expenses and costs in the event of no recovery is addressed in Section 4.

3.3 Compliance with Law and Ethics Rules

The contingency percentages and fee calculation method may be subject to specific limits or requirements under the laws and professional conduct rules of the jurisdiction where the claim is pursued. Law Firm and Client agree that this fee arrangement must comply with all applicable rules, and any required notices or disclosures will be provided.

4. Costs and Expenses

4.1 Types of Case Expenses

In handling the case, Law Firm may incur expenses, including but not limited to:

• Court filing fees and service of process

• Costs for medical records, bills, and reports

• Expert witness fees and investigator fees

• Deposition, transcript, and court reporter charges

• Mediation or arbitration fees

• Travel, postage, copying, and similar costs

Court filing fees and service of process

Costs for medical records, bills, and reports

Expert witness fees and investigator fees

Deposition, transcript, and court reporter charges

Mediation or arbitration fees

Travel, postage, copying, and similar costs

4.2 Advancing Expenses

Check one option (to be completed and initialed by the parties):

• Option A – Law Firm Advances Costs, Reimbursed Only from Recovery.

  Law Firm may advance reasonable case expenses on Client’s behalf. If there is a recovery, those expenses will be reimbursed to Law Firm from the recovery, in addition to the contingency fee. If there is no recovery, Client will not be obligated to reimburse Law Firm for advanced costs, except as allowed or required by local law.

• Option B – Law Firm Advances Costs, Client Ultimately Responsible.

  Law Firm may advance reasonable case expenses on Client’s behalf. Regardless of outcome, Client remains ultimately responsible for reimbursing Law Firm for all advanced costs, subject to applicable law and ethics rules.

• Option C – Client Pays Costs Directly.

  Client will pay case expenses directly as they are incurred (for example, paying for records, expert fees, or filing fees directly to the provider or court).

Option A – Law Firm Advances Costs, Reimbursed Only from Recovery.

Law Firm may advance reasonable case expenses on Client’s behalf. If there is a recovery, those expenses will be reimbursed to Law Firm from the recovery, in addition to the contingency fee. If there is no recovery, Client will not be obligated to reimburse Law Firm for advanced costs, except as allowed or required by local law.

Option B – Law Firm Advances Costs, Client Ultimately Responsible.

Law Firm may advance reasonable case expenses on Client’s behalf. Regardless of outcome, Client remains ultimately responsible for reimbursing Law Firm for all advanced costs, subject to applicable law and ethics rules.

Option C – Client Pays Costs Directly.

Client will pay case expenses directly as they are incurred (for example, paying for records, expert fees, or filing fees directly to the provider or court).

4.3 Order of Payment from Recovery

Unless otherwise required by law or lien priority, any recovery will typically be disbursed in this order:

1. Payment of court-approved or required liens and obligations (if any)

2. Reimbursement of case expenses as described above

3. Payment of Law Firm’s contingency fee

4. Payment of the remaining balance to Client

Payment of court-approved or required liens and obligations (if any)

Reimbursement of case expenses as described above

Payment of Law Firm’s contingency fee

Payment of the remaining balance to Client

5. Client Responsibilities

Client agrees to:

• Provide complete and truthful information about the incident, injuries, and prior medical history

• Promptly inform Law Firm of any new medical treatment, changes in condition, or address/phone/email changes

• Attend scheduled medical appointments, evaluations, and court appearances

• Preserve evidence, photos, documents, and communications related to the case

• Not communicate directly with adverse insurers or parties about settlement without first consulting Law Firm

• Review important documents and cooperate reasonably with requests for information or signatures

Provide complete and truthful information about the incident, injuries, and prior medical history

Promptly inform Law Firm of any new medical treatment, changes in condition, or address/phone/email changes

Attend scheduled medical appointments, evaluations, and court appearances

Preserve evidence, photos, documents, and communications related to the case

Not communicate directly with adverse insurers or parties about settlement without first consulting Law Firm

Review important documents and cooperate reasonably with requests for information or signatures

6. Communications and Decision-Making

6.1 Attorney’s Duties

Law Firm will keep Client reasonably informed about significant developments, including material settlement offers, important deadlines, and major case strategy decisions.

6.2 Client’s Decisions

Client retains the final decision-making authority on:

• Whether to accept or reject a settlement offer

• Whether to authorize filing a lawsuit or proceeding to trial (after receiving advice)

Whether to accept or reject a settlement offer

Whether to authorize filing a lawsuit or proceeding to trial (after receiving advice)

Law Firm will provide advice and recommendations but cannot guarantee any particular result.

7. Liens, Bills, and Subrogation Claims

7.1 Medical Liens and Balances

There may be liens or outstanding balances from medical providers, health insurance, government programs, or others (for example, hospitals, health plans, or workers’ compensation carriers). Client authorizes Law Firm to:

• Communicate with lienholders and medical providers

• Request itemized statements and balances

• Negotiate reductions or payment arrangements where appropriate

Communicate with lienholders and medical providers

Request itemized statements and balances

Negotiate reductions or payment arrangements where appropriate

7.2 Payment from Recovery

Where required by law or contract, Law Firm may pay valid liens or claims from Client’s share of the recovery and will provide a settlement statement showing such payments.

8. No Guarantee of Outcome

Client understands and agrees that:

• Law Firm has made no promises or guarantees about the amount of recovery or the outcome of the case.

• All expressions about the case value or likely result are opinions only, based on information available at the time and subject to change.

Law Firm has made no promises or guarantees about the amount of recovery or the outcome of the case.

All expressions about the case value or likely result are opinions only, based on information available at the time and subject to change.

Past results in other matters do not guarantee any similar outcome in this case.

9. File, Original Documents, and Records

9.1 Client Records

Client may request copies of documents in the file that belong to Client, consistent with law and ethics rules. Law Firm may retain copies for its records.

9.2 Original Documents

Original documents provided by Client (such as photographs, personal notes, or original receipts) will be returned upon request or at the conclusion of representation, subject to any lawful retention or lien rights.

10. Termination of Representation

10.1 Client’s Right to Terminate

Client may terminate this Agreement and Law Firm’s representation at any time, in writing. Law Firm may be entitled to a fee for services performed and reimbursement of expenses as permitted by law and ethics rules, including a lien on any recovery obtained after termination.

10.2 Law Firm’s Right to Withdraw

Law Firm may withdraw from representation with reasonable notice and, where required, court approval, if:

• Client fails to cooperate or follow reasonable advice;

• Client fails to remain in contact or to fulfill obligations under this Agreement;

• There is a conflict of interest or other ethical reason; or

• Other good cause exists under applicable professional rules.

Client fails to cooperate or follow reasonable advice;

Client fails to remain in contact or to fulfill obligations under this Agreement;

There is a conflict of interest or other ethical reason; or

Other good cause exists under applicable professional rules.

10.3 Effect of Termination

Upon termination, Law Firm will take reasonable steps to protect Client’s interests, such as providing notice of deadlines known to Law Firm and, where appropriate, transferring the file to new counsel, subject to any rights to fees or liens permitted by law.

11. Governing Law and Entire Agreement

11.1 Governing Law

This Agreement will be governed by the laws and professional conduct rules of the jurisdiction where the primary legal services are performed, unless otherwise required by conflict-of-laws principles.

11.2 Entire Agreement

This Agreement contains the entire understanding between Law Firm and Client regarding this personal injury matter and supersedes all prior oral or written discussions about fees and representation. Any changes or amendments must be in writing and signed by both Law Firm and Client.

12. Acknowledgments

By signing below, Client confirms that:

• Client has read this Agreement (or had it read and explained) and understands its terms.

• Client has had the opportunity to ask questions and receive answers from Law Firm about this Agreement.

• No promises or guarantees have been made other than those written in this Agreement.

• Client understands that laws and ethical rules may limit or define how contingency fees and costs are handled, and that questions about those rules can be discussed with Law Firm or another independent attorney.

Client has read this Agreement (or had it read and explained) and understands its terms.

Client has had the opportunity to ask questions and receive answers from Law Firm about this Agreement.

No promises or guarantees have been made other than those written in this Agreement.

Client understands that laws and ethical rules may limit or define how contingency fees and costs are handled, and that questions about those rules can be discussed with Law Firm or another independent attorney.

13. Signatures

Client

Client Name (print): _______________________________

Signature: ________________________________________

Date: ___________________

Law Firm

Law Firm Name: [Law Firm Name]

By (Authorized Attorney, print name): _______________________________

Title: [Partner / Attorney / Other]

[Optional – Additional Client or Co-Client Signature Block]

Co-Client Name (print): _____________________________