Contingent Fee Agreement
To be Executed in Duplicate
Date: {pleaseChoose48}
{name}, who resides at {address}, retains the Lawyer, Altman Nussbaum Shunnarah Trial Attorneys, 44 School Street, 6th Floor, Boston, Massachusetts, to perform the legal services mentioned in paragraph (1) below. The lawyer agrees to perform them faithfully and with due diligence.
- The claim, controversy, and other matters with reference to which the services are to be performed are: representation in a claim from on or about ______________
- Power of Attorney: Attorneys are hereby granted a Power of Attorney so that they have full authority to prepare, sign, and file all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to commence conduct and conclude this representation, including reducing to possession any and all monies and other things of value due client under this claim as fully as Client could do in person. The Attorneys are authorized and empowered to act as Clients negotiator in any and all settlement negotiations.
- The contingency upon which compensation is to be paid is recovery of damages, whether by settlement, judgment or otherwise.
- 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. In the event the lawyer is successful, and recovers costs, the costs will be taxed at 8% per annum. All other expenses are to be paid by the firm and recouped at the time of resolution in accordance with the actual charges incurred. All expenses will be deducted AFTER the deduction of Attorneys’ fees. Clients will be provided with a settlement summary showing all expenses to be paid from recovery at the close of Client’s case.
- 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 amount collected. Forty Percent (40%) if the case is resolved without filing a lawsuit or arbitrating the case, and Forty Percent (40%) if the case is resolved after the attorney files a lawsuit or arbitrates the case. 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.
- The client understands that a portion of the compensation payable to the lawyer pursuant to paragraph 5 above shall be paid to _____________ and consents to this division of fees.
- 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.
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 Signatures of client and lawyer
____________________ __________________________
To the Signature of the Client Signature of Client
____________________ __________________________