The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Typically, each party is responsible for paying for their own legal fees in Massachusetts. Indeed, Massachusetts adheres to the “American Rule,” which holds that each party to a lawsuit is responsible for their own lawyer's charges, regardless of the outcome of the case.
The records associated with unclaimed and unidentified funds may be necessary to a later determination of ownership of those funds pursuant to Rule 1.15(i). Rule 1.15A prohibits a lawyer who has transferred such funds from destroying the related client file or files for up to 10 years.