Massachusetts Retainer Agreement

Category:
State:
Multi-State
Control #:
US-APP1B
Format:
Word; 
PDF; 
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Description

This document is a retainer agreement for representation in a matrimonial matter. It contains general comments on such a retainer, along with the full retainer agreement. Although the agreement reflects New York law, it should be considered for use by attorneys in virtually all states as a guide in preparing a fair arrangement between attorney and client.

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FAQ

Yes, referral fees are legal, but only within certain industries. Most other industries also don't pose any requirements in order for a company to implement referral fees. However, since referral fees are not legal for all industries, you'll need to do some research to make sure you don't set up an illicit system.

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.

A contingent fee agreement is a legal agreement that allows you to hire a lawyer for your case without having to pay any out-of-pocket upfront fees unlike a retainer fee. The lawyer getting payment is contingent on you winning your case. If you do not win your case, you don't have to pay your contingency lawyer.

What percentage are typical sales referral fees at agencies? Most common, in my experience: a referral fee for 10% of revenue. Second most common: a referral fee for 5% of revenue. After that, options are all over the place?for instance, 20% of the first month's retainer, and nothing after that.

Factors of reasonableness include the nature of the matter, opportunity costs, local custom, stakes for the client, emergencies, repeated work, reputation, and risk factors. An attorney must not commingle client funds and attorney fees unless it is to pay bank service charges.

Retainers are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. General retainers are the traditional type of retainers where a lawyer agrees to handle a case or future issues that arise for a client.

A finder's fee or referral fee is a commission paid to the person or entity that facilitated a deal by linking up a potential customer with an opportunity.

The fees, typically in cash, could be anywhere from 5% to 25% of the total sale, depending on the type of transaction. The referral fee motivates the referrer to recommend the business, bring in new customers, and facilitate sales.

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Massachusetts Retainer Agreement