Demand Letter and Contingency Fee Agreement
Along with composing memoranda, a paralegal’s legal writing skills come into play in drafting other legal documents, whether as part of client communication or court filings. In this exercise, you’ll be drafting an attorney demand letter to opposing counsel and the defendant, as well as a contingency fee agreement for your own client to agree to and sign.
Week 2 Tasks
Draft two documents, an attorney demand letter to the defendants and a contingency fee agreement for your client, John, for the firm to represent him in a lawsuit for the personal injuries he sustained.
Using the case information as a guide, make up any information required to complete the contingency fee agreement. Cite all sources using Bluebook format.
Note: You may use Westlaw Formfinder as a guideline or this sample form:
Contingent Fee Retainer
PROJECT FOR TORTS
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Demand Letter and Contingency Fee Agreement Along with composing memoranda, a paralegal’s legal writing skills come into play in drafting other legal documents, whether as part of client communicatio
CONTINGENT FEE RETAINER STATE OF _________(1)________) SS: COUNTY OF ________(2)________) KNOW YE ALL MEN BY THESE PRESENTS, This Agreement is made and entered into this _(3)_ day of ________(4)________, ____ (5)_, by and between ________(6)_________, of ___________(7)____________, hereinafter called the “Attorney”, and __________(8)__________, of ____________(9)______________, hereinafter called the “Client”. WHEREAS, Client desires to initiate proceedings against ___________(10)_________, of _____________(11)___________________, Client hereby retains and employs Attorney to prosecute said action to final judgment or to any other settlement satisfactory to Client. Client agrees to pay Attorney for his services under this Agreement a sum equal to _(12) _ percent of any monies or property obtained or received by Client as the result of voluntary compromise or other out-of-court settlement; _(13)_ percent if received after judgment; and _(14) _ percent if received by Client after appeal. Client further agrees to reimburse Attorney for all proper expenses incurred by Attorney pertaining to such action or settlement. Except as provided herein, Attorney shall not be entitled to any other compensation from Client for legal services related to this Agreement. It is agreed between the parties hereto that Attorney shall have a lien for payment of his fee on all monies or property obtained, received or recovered by compromise, settlement, judgment or any other means whatsoever. In the event legal action is required to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. _____________(15)______________ _____________(16)______________ NOTICE The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.