Attorneys generally charge their clients in one of three ways: (1) an agreed hourly rate, times the number of hours the attorney spends on the matter; (2) a contingent fee, in which the attorney receives a percentage of the amount recovered or received by the client in the matter; or (3) a fixed-fee in which the attorney charges an agreed amount (often with some or all of the fee paid before work begins). If the attorney is charging on an hourly basis, he may require a fee deposit (sometimes called a retainer) to secure payment of the hourly fees. The client may be required to replenish this fee deposit. The attorney must hold the unearned fee deposit in her trust account until she does the work and is entitled to some or all of the payment.
In Massachusetts, attorneys may charge clients using one of three common fee structures: hourly rates, contingent fees, or fixed fees. Hourly rates involve charging a predetermined amount for each hour the attorney works on a client's case. A retainer, which is a fee deposit, may be required upfront to secure the attorney's services, and clients might need to replenish this deposit as the case progresses. The unearned portion of the retainer must be kept in a trust account until the attorney earns it through work performed. Contingent fees mean the attorney receives a percentage of the client's recovery or settlement, which incentivizes the attorney to obtain the best possible outcome. Fixed fees are set amounts agreed upon before the attorney begins work, and these can be paid in full or in part prior to the commencement of services. It's important for clients to understand the fee arrangement and any additional costs that may be incurred during legal representation. These fee structures are regulated by the Massachusetts Rules of Professional Conduct, which ensure that fees are reasonable and that attorneys handle client funds appropriately.