Massachusetts Bar Association Model Fee Agreement
MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT RULE 1.5(f)
CONTINGENT FEE AGREEMENT, FORM B
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
performed are:
(2) The contingency upon which compensation is to be paid is:
(3) Costs and Expenses. The client should initial next to the option selected.
(i) The lawyer agrees in 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 form amounts collected for the client by the lawyer; or
(ii) The client is not to be liable to pay compensation or court costs and expenses
of litigation otherwise than from amounts collected for the client by the
lawyer, except as follows:
(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 or ascending scale in
relation to the 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. [Modify the last two
sentences as appropriate if the parties agree on some other basis for calculation.]
(5) [IF APPICABLE] 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 be entitled to 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 OF LAWYER IS SUCCESSOR COUNSEL] Payment of any fees owed to former
counsel. The client should initial next to the option selected.
(i) 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.
(ii) The client 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)
