Berman v. Linnane

In Berman v. Linnane, 424 Mass. 867 (1997), we held that Norman Berman and Robert Marcus could not recover the full amount of the $686,570 judgment against Thomas Lin-*302none on count IV of their complaint because Edward Carroll’s assignment of his cause of action against Linnane for breach of contract, the basis of count IV, was actually a contingent fee agreement that failed to satisfy the requirements of S.J.C. Rule 3:05 (5) (e), (f), as appearing in 382 Mass. 762 (1981). Id. at 871. We permitted them, however, to treat the assignment as “security for Carroll’s payment of his debt” to them: a…