Guam § 26601 - Compensation of Attorneys; Cost to Parties.

§ 26601. Compensation of Attorneys; Cost to Parties.

(a) In any action for damages for personal injury or death, whether

based on tort or contract law, or otherwise, no attorney representing any

party to such action shall contract for, or charge or collect on a contingent

fee basis any fee for his services for such party in excess of the following

limits:

(1) Fifty percent (50%) on the first One Thousand Dollars

($1,000.00) recovered;

(2) Forty percent (40%) on the next Two Thousand Dollars

($2,000.00) recovered;

(3) Thirty-three and one-third percent (33 1/3%) on the next

Forty-seven Thousand Dollars ($47,000.00) recovered;

(4) Twenty percent (20%) on the next Fifty Thousand Dollars

($50,000.00) recovered;

(5) Ten percent (10%) on any amount recovered over One

Hundred Thousand Dollars ($100,000.00); and

(6) 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 on any amount recovered up to Fifty

Thousand Dollars ($50,000.00) shall not exceed twenty-five percent

(25%).

(b) No attorney shall enter into such contingent fee arrangement with

his client without first advising the client of this 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.

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(c) 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.

(d) The contingent legal fee within the permissible maximum limits

shall include legal services rendered on any appeal or review or on any

retrial, but this shall not be deemed to require an attorney to take an appeal.

(e) If, at the conclusion of any such action for damages, an attorney

considers that the contingent fee within such maximum limits to be

insufficient, he may apply to the court, with written notice to the client, for

an increase in the fee, which the court after a hearing may grant in such

amount, if any, as is deemed reasonable in all of the circumstances.

(f) In all cases not included within the scope of subsection (a) of this

section alone, the measure and mode of compensation of attorneys and

counselors at law is left to the agreement, expressed or implied, of the

parties.

(g) Parties to actions or proceedings are entitled to costs and

disbursements, as hereinafter provided.