About Fees and Costs

In the event that I agree to represent you, our relationship will be governed by a written fee agreement.

That agreement will set forth our respective rights and responsibilities then specify our understanding with respect to the fees and costs incurred in representation.

The fee agreement will usually fall in one of three classes:

(1) An hourly fee agreement;

(2) A contingent fee agreement; or

(3) A flat fee agreement.

An hourly fee agreement sets forth an agreed to hourly rate at which legal services will be rendered. Those rates are based on the following factors: (1) the experience and skills of the attorney; (2) the complexity of the legal issues involved; (3) prevailing market rates; (4) whether and to what extent attorney time can be fairly compensated through contingent arrangements. The advantage of an hourly fee agreement is that the client incurs costs and fees as they accrue, and is able to make economic decisions about the course of the representation as it proceeds. In the event that a client is seeking an injunction for other equitable or declaratory relief, the case can only proceed on an hourly fee basis, since the work for which counsel is being retained is not expected to produce any economic returns.

A contingent fee agreement provides that the attorney will be compensated at the conclusion of litigation at a set percentage of the recovery. This is usually the fee arrangement for a personal injury litigation. The advantage of a contingent fee agreement is that a client is not required to advance legal fees in order to undertake litigation.

A flat fee arrangement is used for cases in which the amount of work is reasonably predictable, such as in a preparation of a will or representation through a real estate closing. The amount of the flat rate will depend on the complexity and the predictable work involved in the matter. The advantage of a flat rate is to provide the client with certainty about the costs of legal services in a specific matter.

On occasion, a case can proceed through some pre-agreed stage on an hourly basis, and then after convert to a contingent fee agreement.

Under Massachusetts Rules of Professional Conduct, an attorney is precluded from entering into an agreement whereby he or she assumes responsibility for the costs. However, under appropriate circumstances, counsel may advance fees with an expectation that they will be reimbursed before the conclusion of the litigation.

In the event that a case may involve court awarded fees and costs, treatment of such possibilities will also be addressed in the fee agreement.

Generally speaking, we will not enter into a fee agreement before conducting an adequate investigation of the case to determine whether it has merit and economic viability. Accordingly, potential clients will be requested to sign releases for the release of documents necessary for a full assessment of the case, and the agreement will be entered into only at the conclusion of a review of those records.

Please know that all communications with an attorney for the purposes of pursuing litigation or to consult about the possibility of litigation are privileged, that is may not be revealed to third parties without a client's express authority.