More details to this question:
My attorney's contract says he's entitled to full contingent share in quantum meruit of any settlement or award. Even if I discharge him before settlement is obtained. Does this mean if I fire him now(he's done no work and no offer is on the table) he gets his full contingent fee(which is 33%) or does he only get paid for what work he has done?
1 ANSWER
Under the scenario you describe, your attorney is entitled to no fees until the contingency occurs -- your case is settled. At that point, he would have a quantum meruit claim as to the reasonable value of the services rendered.
Under the Code of Professional Responsibility, you could contact the local bar association for a fee mediation/arbitration proceeding to be scheduled at which time the attorney would have to prove the value of the services rendered.
Please note that the value could be the full contingency fee, although such a determination is rare.
Generally, your new attorney will work something out with the prior attorney as to division of the fees.
Answered on May 03rd, 2016 at 7:29 AM
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