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Chapter 16

Retainer Agreement with Contingent Fee in a Consumer Case

Steve R. Conley practices consumer law in Metairie, Lousiana (3350 Ridgelake Drive, Suite 200 Metairie, Louisiana 70002, (504) 734-9804, fax:(504) 733-1744. He has been a member of the National Association of Consumer Advocates since 1998. Since 1992, he has had a solo practice concentrating in consumer protection litigation under a variety of federal and state law including Fair Debt Collection Practices Act, Truth in Lending Act, Fair Credit Reporting Act, and Equal Credit Opportunity Act. In 2000-2001 he was Chair, Public Access and Consumer Protection Committee, Louisiana State Bar Association.. He graduated from the Tulane University School of Law with a J.D. in 1991 and served on the Tulane Law Review. His publications include Lejune v. Rayne Branch Hospital: Allowing Bystander Mental Anguish Claims in Louisiana, 65 Tul. L. Rev. 918 (1991). This chapter contains a contingent fee retainer agreement for a consumer client. State standards for client retainer forms vary from state to state and require the careful consideration of counsel before adapting a retainer form for a particular case.1

See National Consumer Law Center, Practice of Consumer Law 4.6 (2003).

RETAINER CONTRACT
I ___________________________ (Client) am hiring [Attorney], Attorney at Law (Attorney), to represent me in regard to ___________________________________________ ____________________________. The representation will include a trial but not an appeal. I agree to pay Attorney a minimum fee of $200.00 per hour of work performed. However, I agree to pay Attorney a fee of 40 percent of the gross recovery if that amount should exceed fees calculated at the hourly rate. Attorney fees will never exceed the gross recovery, and will be paid out of any recovery I receive. If there is no recovery, I will not owe any attorney fees. I agree to pay all court costs and expenses in advance as they become due and necessary. My Attorney may at times choose, in his sole discretion, to advance certain costs and expenses in this case, or may ask me to pay certain costs and expenses as they become necessary, in which case I will be responsible for promptly paying such costs and expenses. Costs and expenses may include court costs, depositions, telephone calls, private process servers, travel expenses, and other costs reasonably related to the pursuit of this case. I hereby grant to Attorney a special lien upon all sums that I receive or have a right to receive in payment or settlement of my claims, in addition to statutory liens and privileges, for the payment of attorneys fees and costs. These liens and privileges shall continue if I wrongfully discharge Attorney. I understand that there is no guarantee of success in my claims, and that the attorney fees listed above will be paid regardless of the outcome. I understand and agree that neither I nor Attorney will settle or compromise any of my claims without consulting with and obtaining the consent of the other. I agree not to talk to any adverse party or insurance company about my claims. I agree to promptly notify my Attorney if an adverse party or its insurance company, or its attorney, attempts to contact me in regard to my claims. I agree that if I discharge Attorney or if I settle, compromise or dismiss the case contrary to my Attorneys recommendation, I will be responsible for paying Attorney all of his fees at the hourly rate stated above. I agree to cooperate fully with my Attorney and to appear for a deposition and at trial or any other times my appearance is necessary. My Attorney may terminate his representation of me for just cause, such as if I fail to communicate or cooperate, or am not truthful, or fail to complete a settlement I have agreed to, in which case Attorney will be entitled to be paid for all work performed at the rate described in this agreement. I have read and understand the above agreement and agree to the terms. ___________________________ (Client) Date: _____________

___________________________ (Client)

Date: _____________

___________________________ (Attorney) [Attorney]

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