Contingency In Law Terms In Massachusetts

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Multi-State
Control #:
US-00442BG
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Word; 
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Description

The Contingency Fee Agreement with an Attorney or Law Firm is a legal document used in Massachusetts to define the terms of hiring an attorney under a contingency fee structure. This agreement allows clients to retain attorneys to prosecute claims, typically in scenarios such as wrongful termination. Key features include stipulations on attorney fees based on the outcome of the case, outlining specific percentages payable upon settlement or judgment, and details about costs and expenses incurred during representation. The document also addresses attorney liens on any recovery and the circumstances under which attorneys may withdraw from representation. Additionally, it covers the client's obligations if they settle a claim independently. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants as it clarifies the financial arrangements and responsibilities involved in legal representation, thereby helping to ensure compliance with Massachusetts law. Users can modify the form to fit specific case details, allowing for tailored agreements based on unique client needs.
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FAQ

Contingency refers to an event that may or may not occur in the future. In other words, it depends on fulfillment of a condition, which is uncertain or incidental.

What Is a Contingency? A contingency is a potential occurrence of a negative event in the future, such as an economic recession, natural disaster, fraudulent activity, terrorist attack, or a pandemic.

Contingent means that an event may or may not occur in the future, depending on the fulfillment of some condition that is uncertain. This term is often used in contracts where the event will not take effect until the specified condition occurs.

A contingency clause is a contract provision that requires a specific event or action to take place in order for the contract to be considered valid.

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.

A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

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.

The private right of action under Massachusetts Civil Rights Act (MCRA) § 11I explicitly provides for recovery of reasonable attorney fees for “any aggrieved … persons who prevail in an action” under the MCRA.

For over 100 years, Massachusetts Courts followed the colorfully-named “Common Enemy Rule”, which protected property owners who attempted to remove or divert surface water from their land.

Understanding Massachusetts DUI Laws In Massachusetts, it's illegal to operate a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. For drivers under the age of 21, the limit is 0.02%, reflecting the state's zero-tolerance policy towards underage drinking and driving.

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Contingency In Law Terms In Massachusetts