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
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