New Hampshire Revised Statutes 507-C:8 – Contingent Fees
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I. In any action for medical injury, no attorney representing any party to such action shall contract for, charge or collect on a contingent fee basis any fee for his services to such party in excess of the following limits:
(a) Fifty percent of the first $1,000 recovered;
(b) Forty percent of the next $2,000 recovered;
(c) Thirty-three and one-third percent of the next $97,000 recovered;
(d) Twenty percent of all in excess of $100,000 recovered;
(e) Where the amount recovered is for the benefit of an infant or incompetent and the action is settled without trial, the foregoing limits shall apply, except that the fee in any amount recovered up to $50,000 shall not exceed 25 percent.
II. No attorney shall enter into such a contingent fee arrangement with his client without first advising the client of his right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his services.
III. Such contingent legal fee shall be computed on the net sum recovered by the client after deducting disbursements made in connection with the institution and prosecution of the client’s claim and litigation.
IV. The contingent legal fee within the permissible maximum limits shall include legal services rendered in any appeal or review or in any retrial, but this shall not be deemed to require an attorney to take an appeal.
V. If, at the conclusion of any action for medical injury, an attorney considers that the fee limitations prescribed in paragraph I of this section are insufficient, he may apply to the court, with written notice to the client, for an increase in the fee, which the court, after hearing, may grant in such amount, if any, as is deemed reasonable under the circumstances of the case.
(a) Fifty percent of the first $1,000 recovered;
Terms Used In New Hampshire Revised Statutes 507-C:8
- Action for medical injury: means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury. See New Hampshire Revised Statutes 507-C:1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- injury: means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services. See New Hampshire Revised Statutes 507-C:1
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Forty percent of the next $2,000 recovered;
(c) Thirty-three and one-third percent of the next $97,000 recovered;
(d) Twenty percent of all in excess of $100,000 recovered;
(e) Where the amount recovered is for the benefit of an infant or incompetent and the action is settled without trial, the foregoing limits shall apply, except that the fee in any amount recovered up to $50,000 shall not exceed 25 percent.
II. No attorney shall enter into such a contingent fee arrangement with his client without first advising the client of his right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his services.
III. Such contingent legal fee shall be computed on the net sum recovered by the client after deducting disbursements made in connection with the institution and prosecution of the client’s claim and litigation.
IV. The contingent legal fee within the permissible maximum limits shall include legal services rendered in any appeal or review or in any retrial, but this shall not be deemed to require an attorney to take an appeal.
V. If, at the conclusion of any action for medical injury, an attorney considers that the fee limitations prescribed in paragraph I of this section are insufficient, he may apply to the court, with written notice to the client, for an increase in the fee, which the court, after hearing, may grant in such amount, if any, as is deemed reasonable under the circumstances of the case.