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Massachusetts Agreement between Attorney and Client to Collect a Judgment

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US-02700BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Massachusetts Agreement between Attorney and Client to Collect a Judgment is a legally binding agreement that outlines the terms and conditions under which an attorney is retained to assist a client in collecting a judgment. This agreement is specific to the state of Massachusetts and is essential for both parties involved in the collection process. The agreement typically begins with a clear identification of the parties involved, including the client's name and contact information, as well as the attorney's name, address, and law firm details. It is crucial for both parties to provide accurate information to ensure smooth communication and efficient collaboration throughout the process. Next, the agreement outlines the scope of services that the attorney will provide. This includes specifying the tasks the attorney will undertake to execute the judgment collection process effectively. It may include activities such as researching the debtor's assets, initiating legal actions, filing necessary paperwork, conducting negotiations, and, if necessary, representing the client in court proceedings. The agreement also addresses the compensation structure for the attorney's services. It specifies the attorney's fees, whether they are based on an hourly rate, a flat fee, or a contingency fee arrangement, where the attorney's compensation is contingent upon successfully collecting the judgment. Additionally, it may outline any additional costs such as filing fees or third-party expenses that the client may be responsible for. In some cases, there may be variations or additional types of Massachusetts Agreement between Attorney and Client to Collect a Judgment, such as agreements focused on specific judgment enforcement methods. For instance: 1. Attachment Agreement: If the attorney plans to utilize attachment as a means of judgment enforcement, an Attachment Agreement may be drafted. This agreement will detail the responsibilities of both parties regarding the attachment process, including the identification of assets subject to attachment and the necessary steps to seize and liquidate those assets. 2. Wage Garnishment Agreement: When the attorney intends to collect the judgment through wage garnishment, a separate Wage Garnishment Agreement may be created. This agreement will specifically address the procedures and obligations associated with initiating and implementing wage garnishment, clarifying the client's rights and obligations as well. It's important to note that these additional agreements may be incorporated into the broader Massachusetts Agreement between Attorney and Client to Collect a Judgment, or they may be drafted as standalone agreements, depending on the complexity of the case and the parties' preferences. In conclusion, a Massachusetts Agreement between Attorney and Client to Collect a Judgment is a comprehensive document that ensures a clear understanding of the rights, responsibilities, and compensation between the client and attorney during the judgment collection process.

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FAQ

Massachusetts allows attorneys to collect a fee when they refer a client to another attorney or firm. To meet the state's rules, attorneys must believe the other attorney is competent to handle the matter, notify the client in writing of the division of fees, and ensure the fees are reasonable.

The ?Lodestar? Method. ?The basic measure of reasonable attorney's fees is a 'fair market rate for the time reasonably spent preparing and litigating a case. ' ? Stowe II, 417 Mass. at 203, quoting Fontaine v.

A flat fee, also referred to as a flat rate or a linear rate refers to a pricing structure that charges a single fixed fee for a service, regardless of usage.

Flat Fee vs Fixed Fee With fixed fees, some legal professionals may see it as a way to describe a set price for a ?package? of legal work, that a corporation would pay an ongoing fee to cover, while a flat fee would be paid for a single legal service.

For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.

Either way, a client will sign a ?retainer agreement,? but under the flat fee arrangement, they would not pay a retainer, but a fee. While many fields of law are very suitable to a flat fee agreement, others are done on a retainer or hourly rate agreement.

A flat fee is a fixed amount that constitutes complete payment for the performance of described services regardless of the amount of work ultimately involved, and which may be paid in whole or in part in advance of the lawyer providing those services.

A flat fee agreement is a final arrangement between two parties that outlines specific terms and conditions. Typically, this type of agreement is used in legal or business transactions, and it can often be beneficial for both parties involved.

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Sep 1, 2018 — (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 ... Upon acceptance by the Court, a judgment and payment order will be entered in accordance with the above terms and will be enforceable as an order of the Court.The attorney must give a copy to the client and retain the original for the attorney's records. A contingent fee agreement must be executed in duplicate. A prudent lawyer will have a fee agreement signed by the client to prevent any misunderstanding as to whether the client was furnished with the required writing ... Jul 10, 2020 — Then, a motion to enforce the attorney's lien follows this notice. In addition, an affidavit of the attorney typically accompanies the motion. The debtor will then submit to an examination by a Court under oath as to a debtor's ability to satisfy the judgment. Here, it is extremely helpful to subpoena ... While Rule 1.5(e) has always required client consent to any division of fees between lawyers not in the same firm, the rule has now been amended to be ... Sep 15, 2021 — Judgment collection requires the collecting attorney to assess the collectability of the judgment and to discuss the prospect of collection and ... Before our collections attorneys have obtained a judgment for your business, Massachusetts Courts don't allow an inquiry into the debtor's assets. That all ... Our traditional approach has been to prohibit recovery of attorney's fees and expenses in a civil case in the absence of either an agreement between the parties ...

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Massachusetts Agreement between Attorney and Client to Collect a Judgment