Contingency Fee Retainer Agreement (ON)

Summary

This precedent is a contingency fee retainer agreement under which the lawyer is providing detailed explanations regarding the details and impact of the agreement. For example, the document indicates that payment will be based on a percentage of the award and the impact of an award of costs, termination of the agreement, joint retainers and appeals from the award at trial. This precedent includes practical guidance and drafting notes. A contingency fee retainer is one where the lawyer works for a fixed percentage of the damages recovered (plus disbursements). Costs awarded by the other side are to be paid to the client (absent judicial intervention). If the lawyer is unsuccessful, then no fee is to be charged to the client. The requirements of a valid contingency fee retainer are detailed within s. 28.1 of the Solicitors Act, R.S.O. 1990, c. S.15 ("Solicitors Act") and the regulations thereto. Rule 3.6-2 of the Rules of Professional Conduct permits contingency agreements that accord ...