Fillable Printable Continent Fee Agreement Form - Massachusetts

Continent Fee Agreement Form - Massachusetts

Massachusetts Bar Association Model Fee Agreement

MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT RULE 1.5(f)

CONTINGENT FEE AGREEMENT, FORM A

To be Executed in Duplicate

Date:_______________, 20__

The Client _____________________________________________________________________

(Name) Street & Number) (City or Town)

retains the Lawyer_______________________________________________________________

(Name) (Street & Number) (City or Town)

to perform the legal services mentioned in paragraph (1) below. The lawyer agrees to perform

them faithfully and with due diligence.

(1) The claim, controversy, and other matters with reference to which the services are to be

perform ed ar e:

(2) The contingency upon which compensation is to be paid is recovery of damages, whether by

settlement, judg ment or otherwise.

(3) The lawyer agrees to advance, on behalf of the client, all out-of-pocket costs and

expenses. The client is not to be liable to pay court costs and expenses of litigation, other

than from amounts collected for the client by the lawyer.

(4) Compensation (including that of any associated counsel) to be paid to the lawyer by the

client on the foregoing contingency shall be the following percentage of the (gross) (net)

[indicate which] amount collected. [Here insert the percentages to be charged in the event of

collection. These may be on a flat rate basis or in a descending scale in relation to amount

collected.] The percentage shall be applied to the amount of the recovery not including any

attorney's fees awarded by a court or included in a settlement. The lawyer's compensation shall

be such attorney's fees or the amount determined by the percentage calculation described above,

whichever is greater.

(5) [IF APPLICABLE] The client understands that a portion of the compensation payable to

the lawyer pursuant to paragraph 4 above shall be paid to [Name of Attorney entitled to a

share of compensation] and consents to this division of fees.

(6) [IF APPLICABLE] If the attorney-client relationship is terminated before the conclusion

of the case for any reason, the attorney may seek payment for the work done and expenses

advanced before the termination. Whether the lawyer will receive any payment for the work

done before the termination, and the amount of any payment, will depend on the benefit to the

client of the services performed by the lawyer as well as the timing and circumstances of the

termination. Such payment shall not exceed the lesser of (i) the fair value of the legal services

rendered by the lawyer, or (ii) the contingent fee to which the lawyer would have been entitled

upon the occurrence of the contingency. This paragraph does not give the lawyer any rights to

payment beyond those conferred by existing law.

(7) [USE IF LAWYER IS SUCCESSOR COUNSEL] The lawyer is responsible for payment of

former counsel’s reasonable attorney’s fees and expenses and the cost of resolving any dispute

between the client and prior counsel over fees or expenses.

This agreement and its performance are subject to Rule 1.5 of the Rules of Professional Conduct

adopted by the Massachusetts Supreme Judicial Court.

WE EACH HAVE READ THE ABOVE AGREEMENT BEFORE SIGNING IT.

Witnesses to signatures

(To client) ______________________ _____________________________

Signatures of client and lawyer

(Signature of Client)

(To lawyer)______________________ _____________________________

(Signature of Lawyer)

(If more space is needed separate sheets may be attached and initialed.)