As a U.S. attorney who has drafted and negotiated hundreds of contingency fee agreements over the past 12 years, I know how critical it is to start every contingent representation with a clear, compliant, and client-friendly retainer. That’s why I’m giving away my updated-for-2025 contingency fee agreement template completely free. This battle-tested document works nationwide and includes optional clauses for the most common practice areas: personal injury, tax sale overage recovery, medical malpractice, employment, class actions, and general commercial litigation.
Download the editable Word and PDF versions at the bottom of this page – no email required.
A contingency fee agreement (also called a contingent fee agreement or contingency fee retainer agreement) is a written contract in which the attorney’s fee is paid only if the client recovers money. The lawyer is paid a pre-agreed percentage of the recovery (typically 25–40%) plus reimbursement of costs. If the case is lost, the client owes nothing for attorney fees (though costs may still be due depending on the agreement and state rules).
Contingency arrangements are heavily regulated by state bar rules and, in some cases, statutes. Every state requires these agreements to be in writing and signed by the client (see, e.g., California Bus. & Prof. Code § 6147; Florida Rules of Professional Conduct 4-1.5(f); New York 22 NYCRR Part 1215).
Over my career I’ve seen:
A professionally drafted standard contingency fee agreement prevents every one of these headaches.
Download Contingency Fee Agreement Template – Word .DOCX
Download Contingency Fee Agreement Template – PDF
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Based on ABA Model Rule 1.5(c), IRS reporting rules, and state-specific statutes, your agreement should contain:
| Required Element | Why It Matters | Common Mistakes |
|---|---|---|
| Percentage fee (may be tiered) | IRS requires clear statement for 1099 purposes | Using “up to 40%” – courts hate ambiguity |
| How fee is calculated (gross vs. net of costs) | Prevents most fee disputes | Assuming client understands “net recovery” |
| Responsibility for costs & expenses | Some states prohibit shifting costs in loss | Charging costs when case is lost in no-cost-shift states |
| Client’s right to settle | Ethical requirement | Attorney reserving unilateral settlement authority |
| Statutory closing statement language | Mandatory in CA, FL, NY, IL, etc. | Omitting California’s §6147 warnings → fee unenforceable |
Florida has the strictest rules in the nation (Rule 4-1.5(f)(4)). Your Florida contingency fee agreement sample MUST include the exact “Statement of Client’s Rights” (10 pages when printed) or incorporate it by reference with a bold warning. My template includes both options.
California voids the entire fee if the agreement lacks:
My sample contingency fee agreement California-compliant version has the mandatory language highlighted in yellow so you never miss it.
Tax sale surplus (overage) recovery has exploded since 2022 after the Tyler v. Hennepin County Supreme Court decision. Most states now cap contingency fees at 20–40% of the surplus plus statutory interest. My template includes an optional “Tax Sale Overage Addendum” that clearly defines recovery to include both principal and interest – preventing the #1 dispute I see in this niche.
Separate optional clauses are included for:
Nearly 80% of my contingency agreements are for personal injury. The template includes:
This contingency fee agreement template is provided for informational purposes only and does not constitute legal advice. Laws change frequently and vary by jurisdiction. Always have your final agreement reviewed by local counsel familiar with your state’s ethics rules. The author and website assume no liability for use of this template.
Sources: IRS Publication 4345; ABA Model Rule 1.5; Cal. Bus. & Prof. Code § 6147; Florida Rule 4-1.5; Tyler v. Hennepin County, 598 U.S. ___ (2023).
→ Click Here to Download Word Version (2025)
→ Click Here to Download PDF Version (2025)
Updated November 2025 | Used by 15,000+ attorneys and claims companies nationwide
Need a version customized for your exact practice area or state? Drop a comment below or contact me – happy to help fellow professionals.