Sample Flat-Fee Agreement
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[LAW FIRM] FLAT-FEE AGREEMENT
_____________ hires [NAME/LAW FIRM] to pursue claims he or she may have in connection with
[INSERT DESCRIPTION OF REPRESENTATION WITH REASONABLE DETAIL].
FLAT FEE: You have retained us on a flat-fee basis. You will pay us $______ as the entire fee for
the representation described in this agreement. This fee is earned on receipt, and will not be
deposited into our client trust account.
COSTS: You agree to pay for all actual out-of-pocket costs we incur on your behalf. Typical costs
include: filing fees, service of process, depositions, expert witness fees, travel expenses, long-
distance telephone calls, outgoing fax (at INSERT RATE per page), Federal Express, courier services,
and delivery charges, photocopying (at INSERT RATE per page), and online database retrieval
charges (Lexis, Westlaw, etc.).
We may elect to cover certain out-of-pocket costs on behalf of you, but we reserve the right to
seek reimbursement from you. You agree to reimburse us for such out-of-pocket costs. We will
not incur costs in excess of $_________on behalf of you without first obtaining your consent.
[NOTE TO LAWYER: You should determine whether this cost language is
appropriate. If costs are already included as part of the flat-fee payment, then
this language should be modified accordingly.
TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS: Either party may
terminate the representation at any time, subject to our obligations under the Rules of
Professional Conduct and the approval of the court if the matter is in litigation.
Unless previously terminated, our representation will terminate upon completion of the legal
services described in this agreement subject to our obligations under the Rules of Professional
Conduct, and the approval of the court if the matter is in litigation. You understand we have no
continuing obligation to represent you unless you retain us to provide additional advice or
services.
REFUND: If you terminate the representation before we have provided all legal services described
in this agreement, you may be entitled to a refund of all or part of the flat fee based on the value
of the legal services performed prior to termination.
CLIENT’S RESPONSIBILITIES: We cannot effectively represent you without your cooperation and
assistance. You agree to cooperate fully with us and to provide promptly all information known or
available to you that is relevant to Firm’s representation. Your obligations include timely providing
requested information and documents, assisting in discovery, disclosure and trial preparation,
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This Sample Flat Fee Agreement is provided as a resource to the Transitioning into Practice Mentorship
Program and has not been approved nor endorsed by the State Bar of Nevada.
cooperating in scheduling and related matters, responding timely to telephone calls and
correspondence, and informing us of changes in your address and telephone numbers.
SETTLEMENT: We will not enter into a settlement without your consent.
DOCUMENT RETENTION: At the end of the representation, we will turn over the file to you. If you
do not want the file, you agree the file may be destroyed in accordance with our document
retention policy and the Nevada Rules of Professional Conduct. Currently, it is our policy to destroy
files seven years after the termination of the representation.
ARBITRATION OF FEE DISPUTES: If a dispute arises between you and us regarding our fees, the
parties agree to resolve that dispute through the State Bar’s Fee Dispute Arbitration Program.
Either party may initiate fee arbitration by contacting the State Bar’s Client Protection Coordinator
at 702-382-2700 or by going to the Fee Dispute webpage at www.nvbar.org.
NO ADVICE REGARDING THIS FEE AGREEMENT: We are not acting as your counsel with respect to
this agreement. If you wish to be advised on whether you should enter into this agreement, we
recommend you consult with independent counsel of your choice.
NO GUARANTEES HAVE BEEN MADE AS TO THE FINAL OUTCOME IN YOUR LEGAL MATTER.
DATED this day of , 20__.
______________________________________
Client’s Name
DATED this day of , 20__.
______________________________________
Lawyer’s Name
