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Gagnon v. Shoblom

Supreme Judicial Court of Massachusetts

565 N.E.2d 775 (1991)

Relevant factsFree

Donald Gagnon (plaintiff), injured when Donald Shoblom (defendant) crashed a truck, hired attorney Alan Goodman under a one-third contingency-fee agreement that Gagnon testified he signed voluntarily and believed was earned; Goodman negotiated a $2,925,000 settlement, which the trial judge approved except for Goodman's resulting $975,000 fee. Despite no party challenging the fee and no evidence it was unreasonable, the judge unilaterally reduced Goodman's compensation to $695,000 as excessive, and Goodman appealed directly.

IssueFree

Whether a trial judge has authority to disapprove an attorney's contingency fee as unreasonable or excessive when the client agreed to the fee and no party challenges it.

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