Fee Schedule

1. Professional Fees and Expenses.

The Hon. Brian A. Davis (Ret.) - $650 per hour ‍

• All professional time expended by Judge Davis, including session or hearing time, pre- and post-hearing reading, review, and research, conference calls, and writing will be billed at $650 per hour, with a four-hour minimum.
• Travel time within a fifty (50) mile radius of Boston will be billed at $325 per hour.  All travel expenses will be billed at actual cost.  ‍

Supporting Attorneys and Paralegals - $200 to $350 per hour ‍

• All professional time expended by supporting paralegals will be billed at $200 per hour, and all professional time expended by supporting attorneys will be billed at $300 to $350 per hour, depending on the attorney. No supporting paralegals and/or attorneys will be utilized by Judge Davis without the prior notice to the parties and/or their counsel.
  

2. Case Management Fee. ‍

• Each party to a matter will be charged an initial, non-refundable Case Management Fee of $250. This fee covers the cost of providing standard administrative support to Judge Davis, the parties, and their counsel for the duration of the matter, including scheduling, documentation, and use of Pierce, Davis & Perritano, LLP conference facilities for case-related events during normal weekdays. Services that are atypical, including those provided on weekends and holidays, may result in additional fees.
• Matters that result in multiple sessions requiring more than ten (10) hours of Judge Davis’ professional time in total will be subject to an additional Case Management Fee equal to ten percent (10%) of Judge Davis’ professional fees in excess of ten hours.
• Other matter-related costs, including charges for food services, document copying, overnight mail, and rental costs for additional meeting facilities if required, will be billed at actual cost.
  

3. Payment Terms.‍

• Unless otherwise agreed to in advance by the parties and Judge Davis in writing, each party shall pay its pro rata share of all professional fees and expenses incurred. Multiple parties may be treated as a single entity for purposes of allocating professional fees and expenses, provided, however, that each such party shall be jointly and severally responsible for all payments due. In addition, if a party is represented by counsel, counsel shall be jointly and severally responsible for payment of all fees and expenses owed by that party.
• After a matter has been scheduled, the Case Administrator will send an estimate of anticipated professional fees and expenses to the parties and/or their counsel. The parties and/or their counsel shall pay their respective shares of the estimated fees and expenses in full at least twenty-one (21) days prior to the initial session. A party’s failure to make timely payment of its share of the estimated fees and expenses may result in postponement or cancellation of the session. Unused session time is non-refundable.
• In the event that a matter requires multiple sessions with Judge Davis, the Case Administrator may send an updated estimate of professional fees and expenses for the matter to the parties and/or their counsel. The parties and/or their counsel shall pay their respective shares of the additional estimated fees and expenses in full at least seven (7) days prior to any subsequent session. A party’s failure to make timely payment of its share of the additional estimated fees and expenses may result in postponement or cancellation of the subsequent session.
• At the conclusion of a matter, the Case Administrator will send a final invoice for any unpaid professional fees and expenses incurred to the parties and/or their counsel. The parties and/or their counsel will pay their respective shares of the final invoice within ten (10) days of receipt.
• If an invoice remains unpaid for more than thirty (30) days after it is sent, interest shall accrue at the rate of one percent (1%) per month on the unpaid balance starting on the first day of the following month.
• In the event of a disagreement about BADavis ADR, LLC’s charges for fees or expenses, the parties and BADavis ADR, LLC agree to submit the disagreement to the Legal Fee Arbitration Board of the Massachusetts Bar Association for resolution, and agree to be bound by the decision of the arbitrator(s). If BADavis ADR, LLC is the prevailing party in any proceeding to collect its fees or expenses, BADavis ADR, LLC shall be entitled to recover its cost of collection, including its reasonable attorney’s fees.

4. Cancellation and Rescheduling Policy.

• One hundred percent (100%) of all estimated professional fees and expenses that have been paid (minus any professional fees and expenses that actually have been earned or incurred) will be refunded if a session is canceled or rescheduled by one or more of the parties or their counsel more than thirty (30) days prior to the session date.
• Fifty percent (50%) of all estimated professional fees and expenses that have been paid (minus any professional fees and expenses that actually have been earned or incurred in excess of payments received) will be refunded if a session is canceled or rescheduled by one or more of the parties or their counsel fourteen (14) to thirty (30) days prior to the session date, provided, however, that if Judge Davis’ time is successfully rescheduled with another matter, any unearned professional fees and expenses paid will be refunded.
• Estimated professional fees and expenses that have been paid are non-refundable if a session is canceled or rescheduled by one or more of the parties or their counsel less than fourteen (14) days prior to the session date, provided, however, that if Judge Davis’ time is successfully rescheduled with another matter, any unearned professional fees and expenses paid will be refunded.
• Case Management Fees that have been paid for cancelled or rescheduled sessions are non-refundable.
• The foregoing cancellation and/or rescheduling charges will not apply if a session is postponed by Judge Davis due to inclement weather, provided, however, that the session actually goes forward within a reasonable time thereafter on an alternative date selected by Judge Davis, the parties, and their counsel. Judge Davis typically will decide whether to postpone a session for weather-related reasons no sooner than twenty-four hours prior to the session.