Contingency Agreement Example In North Carolina

State:
Multi-State
Control #:
US-00442BG
Format:
Word; 
Rich Text
Instant download

Description

The Contingency Fee Agreement with an Attorney or Law Firm is designed for clients in North Carolina seeking legal representation on a contingency basis, particularly in cases such as wrongful termination. This form outlines the responsibilities of both the client and the attorneys, detailing the percentage fees due based on the outcome of the case, with specified rates for settlements, trials, and appeals. It also addresses the handling of costs, including expert witness fees and other necessary expenses that may be advanced by attorneys and later reimbursed by the client. Importantly, the agreement includes provisions regarding the attorneys' lien on any recovery, allowing attorneys to secure their fees from settlement proceeds. Attorneys may also engage associate counsel as needed, indicating a flexible approach to legal representation. For attorneys, partners, and legal staff, this agreement serves as a foundational tool to ensure clear expectations and align interests with clients, reducing the risk of disputes. Paralegals and legal assistants can facilitate the completion and filing of this form, ensuring compliance with North Carolina's legal requirements. Overall, this agreement is essential for establishing a professional relationship and protecting the rights of both parties in contingency-based legal scenarios.
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FAQ

For instance, a home seller may agree to an offer with the contingency that they must find a new home before they sell. If they are unable to find another home within a specified time frame, they may cancel the deal without penalty — so long as this contingency is spelled out in the contract.

The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.

The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.

What Is a Contingency? A contingency is a potential occurrence of a negative event in the future, such as an economic recession, natural disaster, fraudulent activity, terrorist attack, or a pandemic.

One frequent question we receive is whether you can recoup your attorneys' fees spent pursuing or defending a lawsuit. The well-established rule in North Carolina is that each party bears its own costs of litigation, unless a statute specifically awards attorneys' fees.

A contingency clause should clearly outline the conditions, how the conditions are to be fulfilled, and which party is responsible for fulfilling them. The clause should also provide a timeframe for what happens if the condition is not met.

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Contingency Agreement Example In North Carolina