Contingency Fee Agreement Massachusetts

Contingency Fee Agreement Massachusetts

2. The remuneration for which compensation is to be paid is as follows: (4) the condition for which compensation is paid, if and to what extent the client is required to pay compensation that does not arise from the amounts received by the lawyer for him and where the lawyer must pay fees for representation, which is not determined in a case, the method by which that fee is fixed; [3B] The “fair value” of legal services provided by counsel prior to the occurrence of an emergency in a potential fee case is a fair provision intended to prevent a client from being wrongfully enriched if no fee is paid to the lawyer. Since a potential fee case does not require a certain amount of work or hours of work to achieve its purpose, a Lodestar method of calculating the fee is of limited use in the valuation of a quantum meruit royalty. A Quantum Meruit Award should take into account the benefits actually granted to the customer. Other factors relevant to determining fair value in a given situation may be the factors referred to in Rule 1.5(a), as well as the circumstances of the dismissal or withdrawal, the extent of the legal work required to complete the case after the termination or withdrawal, and contingency fees; to which the lawyer would be entitled to the entry of the case. Unless otherwise agreed in writing, the lawyer is not normally entitled to a fee unless the case has occurred. As a general rule, there should be no presumption that a lawyer is entitled to a Quantum Meruit Award if the representation ends before the eventuality occurs. 3. The authorisation of preforms A and B shall not preclude the use of other provisions in accordance with this Rule. A lawyer who uses a form of contingency fee agreement, which contains substantial provisions of the waivers or supplements contained in Forms A or B, must explain to the client these different or added provisions or options and obtain the client`s consent confirmed in writing. For the purposes of this rule, a fee agreement that omits option (i) in subsection (3) and, where applicable, option (i) in subsection (7) of Form B, is an agreement that substantially abstains from standard forms.

A fee agreement containing a statement in which the client, by signing, expressly confirms that the lawyer has stated that there are provisions of the fee agreement clearly identified by the lawyer and which differ materially from or supplement those contained in Forms A or B, meets the requirement “confirmed in writing”. . . .