This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract entered into this --------- day of --------, A. D. 19-, by and between A. B., of ---------, party of the first part, and C. D., of ---------, party of the second part, Witnesses:
Whereas A. B. has a claim against X. Y., of ---------, growing out of --------describe nature of claim]; and whereas, C. D. is an attorney at law and is duly authorized to practice law in the State of ---------; now, the said A. B.
does hereby retain and employ the said C. D as attorney at law to collect said claim; and if said C. D. shall deem it necessary, to bring an action in the courts of ---------, to collect said claim; and to enter into negotiations with said
X. Y. or his attorney for the compromise and adjustment of said claim; but no final contract of compromise thereof shall be made without the consent of said A. B.; and upon performance of said services by said G. D., said A. B. agrees to pay to said C. D. the sum of --------- dollars, payable as follows: --------dollars to be paid at the execution of this contract as a retainer; ---------dollars to be paid when the action is begun, if it is necessary to bring an action;
--------- dollars to be paid when the claim is reduced to judgment in the court of ---------; and in case the amount is collected either with or without legal proceedings the full amount of said --------- dollars or the balance thereof then remaining unpaid shall be paid by said A. B. to said €. D. at once. (If the contract is made for a contingent fee, the provision for compensation should be as follows: "said A. B. agrees to pay to said C. D., as compensation for his services, a sum equal to --------- per cent. of the amount which may be collected upon said claim, either by legal proceedings or otherwise.") In addition to said compensation, said A. B. agrees to reimburse said C. D. for any necessary and reasonable expenses which said C. D. may be obliged to incur in the prosecution of said action. (The following clause may be added: but before incurring any such expenses exceeding the amount of --------- dollars the written consent of A. B.
shall first be had and obtained.)
In consideration of the foregoing covenants on the said A. B., said C. D. accepts said retainer and employment, and he hereby agrees to collect said claim without legal proceedings if practicable, and if necessary he agrees to commence and to prosecute said action as aforesaid.
In witness whereof, etc.
See references under Sec. 3853.
For the validity of contracts for contingent fees, etc., see Sec. 699 et seq.