Barbara C. Johnson
CLIENT CONTINGENCY FEE AGREEMENT
("the Client") hereby agree to retain the law firm of Barbara C. Johnson, 6 Appletree Lane, Andover, MA 01810-4102 (the "Firm"), in connection with the employment (discrimination and/or harassment) action entitled ________________________________
[If you have a case name and docket number, insert them.]
1. The Firm hereby acknowledges receipt of $______ as a retainer in this matter and, in consideration of the payment thereof, agrees to provide legal services in connection therewith. The retainer paid herewith by the Client shall be applied against the final bill rendered either upon completion of the within matter or the termination of the Firm's representation of the Client. Further, the sum of $_____ shall immediately become the property of the Firm and is non-refundable.
2. The services to be performed are to handle, compromise, adjust, and do any and all necessary things in the prosecution of any claims which the Client may have for damages against his/her employer arising out of an adverse job action or by a hostile working environment. The Firm further agrees to act in the Client's behalf with any proposed settlement, and shall make no settlement without the Client's consent or approval.
3. It is the Firm's intention to handle this action in three stages:
Stage A: Communication, including performing the appropriate follow-up, with the employer in an attempt to resolve the Client's problem prior to initiating an action at the state antidiscrimination commission and EEOC.4. The Client will pay the retainer in advance of the Firm performing the services during Stage A. If Stage B or both Stages B and C are necessary, the retainer will be applied to the fees due the Firm as described in Paragraph 6 below.
5. Compensation for Stages B and C will be by the contingency plan described in Paragraph 6 or by the award of statutory attorney's fees, whichever is the greater.
6. The contingency upon which compensation is to be paid is the collection of monies following settlement or award on the claim or claims set forth above and the amount of such compensation which is to be paid by the Client to the Firm is as follows:
30% of the amount of any offer of settlement made before
35% of the amount of any offer of settlement made after suit
40% of the amount of any offer of settlement made after trial
45% of the judgment upon a finding by a judge or a verdict
50% in the event that either an appeal is taken by a
7. The Client is not to be liable to pay compensation otherwise than from amounts collected for him/her by the Firm, except as follows:
Client agrees to assume and pay for all out-of-pocket
b. After signing this agreement, the Client is responsible
8. Reasonable compensation on the foregoing contingency is to be paid by the Client to the Firm, but such compensation (including that of any associate counsel) is not to exceed the above maximum percentages of the total amount collected (see Paragraph 6).
9. In any event, the Client is liable for all reasonable expenses and disbursements of the Firm and shall reimburse the Firm for such amounts.
10. The Client understands that he or she has the right to consult with another lawyer in connection with any of the terms of this agreement prior to signing it.
11. If the attorney is discharged by the Client prior to the conclusion of this representation, the attorney is entitled to be then compensated for her reasonable expenses and disbursements. Further, the attorney is to be compensated for the fair value of the services rendered to the Client up to the time of discharge, but the amount of the fee shall not be due to the attorney until the subject matter litigation is concluded pursuant to Paragraph 6 above.
12. The Client has read this agreement carefully and understand the terms hereof.
THIS AGREEMENT and its performance are subject to General Rules 3:14 of the Supreme Judicial Court of Massachusetts.
I HAVE READ THE ABOVE AGREEMENT BEFORE SIGNING IT. THE UNDERSIGNED CLIENT ACKNOWLEDGES THE RECEIPT OF A FULLY SIGNED COPY OF THIS AGREEMENT.
SIGNED IN DUPLICATE
Sign here after details are agreed upon
LAW OFFICE OF BARBARA C. JOHNSON