Drafting retainers and funding agreements

Retainer and Fee Arrangements

I draft comprehensive retainer arrangements for City law firms and international practices, creating bespoke documentation that:

  • Optimises cost recovery while ensuring regulatory compliance and enforceability
  • Integrates with complex funding arrangements and multi-jurisdictional disputes
  • Provides sophisticated retainer structures tailored to specific commercial needs

Conditional Fee Agreements (CFAs)

I have extensive experience drafting conditional fee agreements for high-value commercial litigation, including:

  • Complex success fee structures that withstand detailed cost assessment
  • Staged success fee arrangements with different rates for different phases of litigation
  • Partial conditional fee structures and hybrid arrangements
  • Discounted conditional fee agreements that balance risk between solicitor and client
  • Collective conditional fee agreements for group litigation
  • Sophisticated termination provisions and cost liability arrangements
  • Success fee calculation mechanisms that account for varying risk levels

Damages Based Agreements (DBAs)

I specialise in drafting damages based agreements that comply with the DBA Regulations 2013:

  • Complex percentage fee structures with appropriate caps and collars
  • Hybrid DBA arrangements combining different fee mechanisms
  • International DBA frameworks for cross-border disputes
  • Tiered percentage structures that vary based on outcomes
  • Integration with ATE insurance coverage
  • DBAs for litigation funding contexts that maintain commercial attractiveness
  • Regulatory compliance while meeting institutional funder requirements

Business and Client Care Documentation

My commercial drafting includes comprehensive business agreements for ongoing relationships:

  • Non-contentious business agreements with sophisticated fee structures
  • Client care letters and terms of business ensuring compliance with regulations
  • Scope limitations and liability allocation appropriate for substantial mandates
  • Specialised terms for alternative business structures
  • International coordination arrangements
  • Technology-assisted legal service delivery terms

Litigation Funding Agreements

I have particular expertise in drafting third-party litigation funding agreements:

  • Portfolio funding arrangements covering multiple cases
  • Capital provision structures and security mechanisms for funders
  • Termination triggers and control provisions
  • Adverse costs liability allocation between parties and funders
  • Sophisticated return calculation mechanisms
  • Integration with conditional fee arrangements and ATE insurance
  • International enforcement mechanisms across multiple jurisdictions
  • Seamless coordination across multiple funding sources

Distribution and Recovery Frameworks

I create complex distribution agreements for group litigation and collective proceedings:

  • Waterfall distribution agreements establishing priority mechanisms
  • Cost recovery arrangements across multiple parties
  • Funding return calculations for different funding sources
  • Damage distribution structures for group members
  • Sophisticated priority mechanisms ensuring fair allocation

Regulatory Compliance

All documentation incorporates comprehensive compliance frameworks:

  • SRA requirements for solicitor conduct and client care
  • FCA regulations where applicable to funding arrangements
  • International best practices for commercial litigation
  • Ongoing compliance monitoring and updates
  • Risk management and liability protection mechanisms
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