Representation Agreement (Litigation)

Generates a matter-specific engagement agreement between attorney/firm and client for U.S. litigation, with personal-injury-oriented fee structures.

Prerequisites

Collect before drafting:

Client identity — legal name, entity type, authorized signer, contact info
Matter summary — dispute description, opposing parties, venue/jurisdiction, case caption if filed
Fee model — hourly, flat, contingency, or hybrid; rates; retainer; trust handling
Conflicts check — completed; waivers identified
Cost policy — advance vs. direct pay; approval thresholds; lien rights
Jurisdictional rules — state bar written-fee-agreement and disclosure requirements
Key dates — effective date, imminent deadlines

Quick Start

Populate the intake table below with all known values
Select the applicable fee model (Section 3) and delete the others
Assemble agreement sections 1–15 in order
Attach rate table or contingency addendum as applicable
Verify against jurisdiction-specific rules (see Pitfalls)

Intake Variables

| Field | Value | |---|---| | Firm legal name | | | Attorney(s) & bar numbers | | | Firm address / phone / email | | | Client legal name | | | Client address / phone / email | | | Entity representative & title | | | Matter description | | | Court / venue / case no. | | | Effective date | | | Fee model | | | Retainer amount & trust treatment | | | Billing cadence & payment due | | | Cost approval threshold | | | Communication preferences | | | File retention period | | | Governing law / venue | |

Agreement Sections

Assemble in this order:

Parties and Effective Date — full legal names; signer authority for entities
Scope of Representation — covered matter and services (investigation, pleadings, discovery, motions, ADR, trial); excluded services (appeals, collection, unrelated claims); expansion by written amendment only
Fee Arrangement — select one:
- Hourly — rates table by timekeeper, billing increment, rate-change notice
- Flat Fee — amount, covered tasks, treatment of unused portion
- Contingency — percentage(s) by phase, definition of "recovery," cost-deduction order, jurisdictional client acknowledgments
- Hybrid — hourly + contingency or flat + success fee
Retainer / Advance Deposit — amount, trust account treatment, replenishment threshold, non-replenishment consequences
Costs and Expenses — itemized categories (filing fees, service, transcripts, experts, travel, research, copying); advance vs. client-direct; approval required above $[X]
Billing and Payment — frequency, payment terms, interest/late charges if permitted, attorney lien rights
Client Responsibilities — candor, evidence preservation, litigation hold compliance, attendance, no direct opposing-party contact
Attorney Responsibilities — competent/diligent representation, communication cadence, independent professional judgment
Confidentiality and Privilege — duty of confidentiality, privilege ownership, permitted/required disclosure exceptions
Conflicts of Interest — check completed, waivers disclosed/attached, future unrelated representations
Termination and Withdrawal — client termination right, withdrawal grounds per rules, file transfer, final accounting, unearned-fund refund
File Retention — retention period, destruction policy after notice
Dispute Resolution — fee dispute program / mandatory arbitration; optional mediation
Governing Law and Miscellaneous — governing law, venue, entire agreement, amendments in writing, severability, notices, client-name use only with consent
Signatures and Acknowledgments — signature blocks for firm and client; acknowledgments for fee terms, scope, arbitration rights

Fee-Model Addenda

Rate Table (hourly or hybrid)

| Timekeeper | Role | Hourly Rate | |---|---|---| | | | |

Contingency Fee Schedule

| Phase | % Fee | |---|---| | Pre-suit resolution | | | Post-filing, pre-trial | | | Trial | | | Appeal | |

State whether costs deducted before or after fee calculation
Include statutory/rule-mandated disclosures
Provide illustrative fee-calculation example

Pitfalls

Jurisdiction compliance — match the state's written-fee-agreement and contingency-disclosure rules; insert required consumer notices
No outcome promises — never guarantee recovery
Scope creep — exclude appeals and collection unless expressly included
Retainer clarity — specify whether any portion is earned on receipt
Personal injury specifics — verify state contingency limits, medical-lien disclosures, and settlement-authority requirements
Conflicts waivers — attach as a separate informed-consent document
Plain language — use consistent defined terms throughout