Retainer Agreement For Legal Services/Contingent Fee (Also Adaptable To Time Charge Fee) (4 Pages)

A written retainer agreement is required in New York where the attorney’s fee is likely to be $3,000 or more and also other jurisdictions.  Retainer agreements are used in commercial matters, matrimonial matters, real estate matters, etc.  While the sample agreement herein pertains to negligence actions (personal injury, medical malpractice, wrongful death, etc.) where the fee is contingent upon a recovery whether by settlement or judgment, the second page of this form retainer agreement could be applicable to any kind of representation.
In the contingent fee agreement, the percentages of fees should be expressly set forth. Generally, the plaintiff attorney’s share is one-third of the net recovery. The second page of this agreement sets forth the nature and extent  of the services to be rendered which should be particularized (for example, through entry of judgment but not through appeal, if any, unless otherwise set forth).  Note the attorney retained under this agreement has a duty to advise of the time within which to appeal an adverse determination. The rights and obligations of attorney and client are set out. Billing practices and expenses should be specified.
 Cooperation on client’s part and prompt payment of fees should be set forth.  In New York State, the client must (under New York Code of Rules and Regulations 22 NYCRR 1215) be advised of its right to arbitration in the event of fee dispute
Author:
Myron J. Meadow spent the major portion of his legal career as a Senior Litigator for the Law firm of Weil, Gotshal  & Manges in New York City. He handled civil and commercial litigation as well as appellate practice.  Although he is a graduate of New York University School of Law, he has on multiple occasions served as a Moot Court Judge at Columbia University School of Law, his wife, Claire’s alma mater. He is listed in Who’s Who in American Law 2nd edition.
He served as a part time instructor in the Paralegal program at Baruch College, City of New York teaching general litigation and procedure.  He has served as a volunteer Arbitrator for the American Arbitration Association and the Arbitration Council of the Textile Apparel Industry.  As a member of the Bar Association of the State of New York, Landlord Tenant Section of the Real Property Committee, he wrote several articles. He served on the Board of Directors of the Bronx County Bar Association and chaired its Legislation Committee for ten years. He was among the group of pro bono legal advisors to the New York Museum of Jewish Heritage: A Living Memorial to the Holocaust.
As an undergraduate student at the College of the City of New York, he was President of the Government and Law Society. He also was the Captain of the City College golf team earning a Varsity Letter for Golf. He is a member of the U.S. Committee Sports for Israel where he was particularly involved with the Masters’ Golf Team and also with sponsorship of young athletes to the World Maccabiah Games in Israel.