Quantum meruit
"As much as deserved" — what a discharged lawyer is paid for work already done.
It is the reason changing lawyers does not mean paying two full contingency fees. This is general information, not legal advice.
What it means
A client may discharge a lawyer at any time, with or without cause. When that happens under a contingency agreement, the discharged lawyer is not paid the contract percentage. They are paid the reasonable value of the services actually rendered.
And they are paid only if there is a recovery. The cause of action does not arise until the former client wins or settles, which is a meaningful protection for someone who has lost confidence in their lawyer.
In practice the two firms resolve it between them out of the single fee, so the client pays one fee rather than two.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- Will changing lawyers cost me twice?
- It should not. The discharged lawyer is entitled to the reasonable value of their work, payable out of the recovery, not to a second full contingency fee.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Fracasse v. Brent (1972) 6 Cal.3d 784 (discharged contingency lawyer recovers in quantum meruit, and only on recovery).