This is a companion exemplar document to accompany my recent Article "Hybrid" Fee Agreements for Business Litigation. "Increased mileage" agreement allows the attorney and client to go those extra miles to obtain a great result.
More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency fee agreement is not well suited for business litigation. A reasonable alternative is a “hybrid” fee agreement wherein the attorney is paid a reduced hourly rate, along with a contingency fee. However, drafting such a “hybrid” fee agreement can be more difficult than counsel might think. A mutually beneficial agreement can be reached if counsel pays close attention to the applicable Rules of Professional Conduct concerning charging liens and contingency fees. In addition, because many business cases potentially involve the award of attorney fees, how those awards will be handled are of critical importance. While this is a California template, the Hybrid Agreement can be adapted to fit a respective State's particular laws, rules of professional conduct and attorney fee drafting considerations.
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