Tuesday, May 16, 2006

Discharged attorney denied fees

An attorney hired on a contingency fee basis, and then discharged without cause, was denied an award of any attorney fees, because the reasonable value of successor counsel's legal services exceeded the amount of the contingency fee.

Unfortunate dicta in the decision could result in an absurd situation, in which an attorney discharged, before undertaking any work on the case, could recover more than the attorney who successfully prosecuted the case.