Part 2 of a 3-Part Series on Personal Injury Attorney Fees
Read Part 1 Here: How Personal Injury Attorney Fees Work in Massachusetts
Personal injury litigation can last months or even years. Over that time, circumstances sometimes change. A lawyer may bring in another firm with deeper resources to handle a complex case. In other situations, a client may decide that a different attorney is better suited to represent them moving forward.
When that happens, a practical concern quickly arises:
What happens to the legal fees?
Will two lawyers now be entitled to payment?
Will the client’s recovery be reduced?
Who ultimately gets paid—and when?
Massachusetts law provides clear answers. Rules governing contingency fees, referrals between lawyers, and changes in counsel are designed to protect clients and ensure transparency throughout the process. Understanding how these rules work can remove uncertainty and help clients make informed decisions about their case.
What Happens When Your Lawyer Refers Your Case to Another Firm?
Sometimes a lawyer refers a personal injury or wrongful death case to another firm. This commonly occurs when the case requires specialized experience, significant financial resources, or litigation capacity beyond what a smaller practice can reasonably provide. For example, complex catastrophic injury, medical malpractice, or wrongful death cases may involve extensive expert testimony, years of litigation, and substantial case expenses.
When a referral occurs, many clients worry that they will be charged two contingency fees, but in most situations, that does not happen. Instead, the lawyers typically share the same contingency fee that was originally agreed upon with the client. For example, if the fee agreement provides for a one-third contingency fee, that one-third is the total fee paid by the client. The lawyers divide that fee between themselves according to a separate agreement.
Massachusetts law strictly regulates these arrangements. Under Massachusetts Rules of Professional Conduct Rule 1.5, lawyers may divide a fee between firms only if:
- The client is informed of the fee-sharing arrangement,
- The client agrees to the arrangement, and
- The total fee remains reasonable.
Additionally, Massachusetts law requires that contingency fee agreements disclose when fees may be shared with another lawyer. Referrals often benefit the client. For the same contingency fee, the client receives the combined resources, experience, and attention of multiple lawyers working together to pursue the best possible outcome.
What Happens If You Decide to Change Lawyers?
Although most attorney-client relationships continue through the conclusion of a case, Massachusetts law recognizes that clients always have the right to change lawyers. If a client decides to switch attorneys during a personal injury or wrongful death case, the original lawyer may still be entitled to payment for work already performed.
Massachusetts courts generally apply a principle known as “quantum meruit,” which allows the discharged lawyer to recover the reasonable value of the legal services provided, as well as reimbursement for any out-of-pocket expenses advanced on the client’s behalf. However, because the case was accepted on a contingency basis, the former lawyer typically cannot collect that fee immediately. Instead, the former lawyer’s payment usually occurs only if and when the case results in a settlement or verdict.
Massachusetts also requires contingency fee agreements to clearly explain what happens if the client changes lawyers. In practice, most firms that specialize in personal injury and wrongful death cases try to resolve these issues early. The new lawyer will often reach an agreement with the former lawyer about how fees and expenses will be handled once the case concludes.
Resolving those issues early provides clarity for everyone involved and helps ensure that when a settlement or verdict is reached, there are no surprises regarding fees. The focus remains where it should be: achieving the best possible outcome in the case.
If you would like to speak with one of SUGARMAN’s attorneys about a personal injury or wrongful death matter, contact us at 617-542-1000, email , or fill out our contact form.
Next in the Series:
Part 3: How Are Attorney Fees Impacted by Liens?