Federal Rail Safety Act Retainer Agreements
The Federal Rail Safety Act (FRSA) is a new statute with many novel questions, not the least of which is: what should the Retainer Agreement provide? Unlike FELA personal injury claims where pure contingency fee agreements are well-established, the FRSA is a different animal, with a statutory fee-shifting provision and a wide spectrum of potential make whole remedies and economic damages. The retainer agreement should strike the proper balance between protecting the interests of the employee client while giving the attorney sufficient incentive to take the case and zealously prosecute it to maximize the client's recovery. So what is an ethical attorney to do?
In response to requests from rail labor attorneys around the country, I am here sharing the FRSA Retainer Agreement developed after consultation with a legal ethics expert. BUT only with the following CAVEAT: do not use this retainer agreement before first consulting with your own ethics guru to confirm it complies with the ethical rules applicable to the jurisdictions or courts in which you practice. So with that DISCLAIMER, click here for FRSA Retainer Agreement.
