ThomasMoreAI Representation Agreement (Litigation)
Generates a matter-specific engagement agreement between attorney/firm and client for U.S. litigation, with personal-injury-oriented fee structures.
Prerequisites
Collect before drafting:
- Client identity — legal name, entity type, authorized signer, contact info
- Matter summary — dispute description, opposing parties, venue/jurisdiction, case caption if filed
- Fee model — hourly, flat, contingency, or hybrid; rates; retainer; trust handling
- Conflicts check — completed; waivers identified
- Cost policy — advance vs. direct pay; approval thresholds; lien rights
- Jurisdictional rules — state bar written-fee-agreement and disclosure requirements
- Key dates — effective date, imminent deadlines
Quick Start
- Populate the intake table below with all known values
- Select the applicable fee model (Section 3) and delete the others
- Assemble agreement sections 1–15 in order
- Attach rate table or contingency addendum as applicable
- Verify against jurisdiction-specific rules (see Pitfalls)
Intake Variables
| Field | Value |
|---|---|
| Firm legal name | |
| Attorney(s) & bar numbers | |
| Firm address / phone / email | |
| Client legal name | |
| Client address / phone / email | |
| Entity representative & title | |
| Matter description | |
| Court / venue / case no. | |
| Effective date | |
| Fee model | |
| Retainer amount & trust treatment | |
| Billing cadence & payment due | |
| Cost approval threshold | |
| Communication preferences | |
| File retention period | |
| Governing law / venue |
Agreement Sections
Assemble in this order:
- Parties and Effective Date — full legal names; signer authority for entities
- Scope of Representation — covered matter and services (investigation, pleadings, discovery, motions, ADR, trial); excluded services (appeals, collection, unrelated claims); expansion by written amendment only
- Fee Arrangement — select one:
- Hourly — rates table by timekeeper, billing increment, rate-change notice
- Flat Fee — amount, covered tasks, treatment of unused portion
- Contingency — percentage(s) by phase, definition of "recovery," cost-deduction order, jurisdictional client acknowledgments
- Hybrid — hourly + contingency or flat + success fee
- Retainer / Advance Deposit — amount, trust account treatment, replenishment threshold, non-replenishment consequences
- Costs and Expenses — itemized categories (filing fees, service, transcripts, experts, travel, research, copying); advance vs. client-direct; approval required above $[X]
- Billing and Payment — frequency, payment terms, interest/late charges if permitted, attorney lien rights
- Client Responsibilities — candor, evidence preservation, litigation hold compliance, attendance, no direct opposing-party contact
- Attorney Responsibilities — competent/diligent representation, communication cadence, independent professional judgment
- Confidentiality and Privilege — duty of confidentiality, privilege ownership, permitted/required disclosure exceptions
- Conflicts of Interest — check completed, waivers disclosed/attached, future unrelated representations
- Termination and Withdrawal — client termination right, withdrawal grounds per rules, file transfer, final accounting, unearned-fund refund
- File Retention — retention period, destruction policy after notice
- Dispute Resolution — fee dispute program / mandatory arbitration; optional mediation
- Governing Law and Miscellaneous — governing law, venue, entire agreement, amendments in writing, severability, notices, client-name use only with consent
- Signatures and Acknowledgments — signature blocks for firm and client; acknowledgments for fee terms, scope, arbitration rights
Fee-Model Addenda
Rate Table (hourly or hybrid)
| Timekeeper | Role | Hourly Rate |
|---|---|---|
Contingency Fee Schedule
| Phase | % Fee |
|---|---|
| Pre-suit resolution | |
| Post-filing, pre-trial | |
| Trial | |
| Appeal |
- State whether costs deducted before or after fee calculation
- Include statutory/rule-mandated disclosures
- Provide illustrative fee-calculation example
Pitfalls
- Jurisdiction compliance — match the state's written-fee-agreement and contingency-disclosure rules; insert required consumer notices
- No outcome promises — never guarantee recovery
- Scope creep — exclude appeals and collection unless expressly included
- Retainer clarity — specify whether any portion is earned on receipt
- Personal injury specifics — verify state contingency limits, medical-lien disclosures, and settlement-authority requirements
- Conflicts waivers — attach as a separate informed-consent document
- Plain language — use consistent defined terms throughout