Precedents for the Conditional Fee Agreement

I represent a client in a commercial litigation matter. I would like to instruct counsel on a Conditional Fee Agreement (CFA) basis. Are there any precedent agreements available?

One is the joint APIL/PIBA (Association of Personal Injury Lawyers/Personal Injuries Bar Association) agreement for use in personal injury (PI)/clinical negligence cases and the other is the Chancery Bar Association terms of engagement.

The first represents a compromise reached between PI solicitors and barristers. APIL/PIBA 6 was drafted specifically with PI and clinical negligence proceedings in mind where the solicitor is also working under terms with his client (on the Law Society model agreement).

It is an industry-wide agreement and there is little prospect of a prudent PI solicitor departing from its key clauses.

The Chancery Bar Association agreement is a much more flexible instrument and is more effective at protecting the interests of barristers.

In particular it contains express provision allowing the CFA to be treated as a contractual retainer and it allows for fees to be agreed on a differential basis (reduced fees rather than no fees in the event of failure).

The Chancery Bar Association terms of engagement can be easily adapted to cover a very wide range of circumstances.

For further information, please see the Law Society publication Conditional Fees, 3rd Edition 2008, which may be purchased from our online bookshop.