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. For a free consultation, call or email me at