Contingency fees
On a contingency fee, my fee is a percentage of what I recover for you. If nothing is recovered, you owe no attorney's fee. Massachusetts requires contingency fee agreements to be in writing and signed by both of us, and to state the percentage, how expenses are treated, and whether the percentage is figured before or after expenses are deducted. You'll have that document before I do any substantive work.
The percentage depends on the case: the size of the claim, how strong liability is, how hard collection will be, and how far the case is likely to go. Some agreements step the percentage up as the case moves from demand to suit to trial, so you pay less when the matter settles early.
Which cases qualify
I'm investing my own time when I take a case on contingency, so I'm selective. The cases I take this way usually have:
- Clear liability. A written contract, a signed note, a judgment, or documents that make the breach hard to dispute.
- Meaningful dollars. Generally $100,000 or more at stake.
- A defendant who can pay. Real estate, an operating business, a solvent guarantor, or insurance.
- Room to add value. Interest, a fee clause, Chapter 93A, or the chance to attach assets early.
If your case doesn't fit, I'll say so, and I'll often suggest another way to handle it.
Hybrid fees
A hybrid fee combines a reduced hourly rate with a smaller contingency percentage. It works well for cases that are strong but expensive to prove, like those needing experts, or where the main goal isn't only money. You pay less up front than you would hourly, and give up less of the recovery than you would on a full contingency.
Hourly fees
Some matters fit best on an hourly rate: defending a claim, cases where the remedy is the property itself (specific performance, quiet title, partition), or clients who would simply rather keep the whole recovery. I'll give you a realistic estimate of what each phase costs.
Court costs and litigation expenses
Litigation has out-of-pocket costs separate from attorney's fees: filing fees, service of process, deposition transcripts, expert fees, and sheriff's or constable's fees for attachments and levies. Your written fee agreement will spell out who advances those costs and whether you owe them if there's no recovery. In some cases you will be responsible for costs whatever the outcome. I don't leave this vague.
When the other side pays your fees
Many contracts, notes, leases and guaranties require the breaching party to pay the other side's attorney's fees, and Chapter 93A requires it when a violation is found. When a fee award is possible, your agreement will say how it's credited against the contingency percentage so there's no double counting.
The first conversation
The initial case review is free. I'll read what you send, tell you what I see, and tell you which fee arrangement I'd offer. There's no obligation either way. Request a case review or call (617) 230-2779.