Legal Question in Real Estate Law in Nevada

Ethics

Is it ethical to accept a client on contingency and then just before trial drop the case unless you pay by the hour?


Asked on 3/28/09, 7:28 pm

2 Answers from Attorneys

Jonathan Reed Reed & Mansfield

Re: Ethics

I do a lot of personal injury work and I personally consider that if an attorney takes a personal injury case on a contingency fee basis the attorney is obligated to try it if necessary on the contingency fee basis.

Most personal injury cases are profitable if they settle, especially if they settle early, and not particularly profitable if they have to be tried, even if they are won, unless a huge amount is won and collected.

However, sometimes it happens through no fault of the attorney that as the case moves toward trial facts are discovered which make the case unlikely to be winnable. However, in that case the attorney should consider withdrawing rather than trying to change the fee agreement with the client.

Whether you could make a successful complaint to the state bar is hard to know from your question.

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Answered on 3/29/09, 1:08 am
James Smith James E. Smith Ltd.

Re: Ethics

If the fee agreement allows this then it is ok. Usually a Judge will not let an attorney out of the case just before trial.

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Answered on 3/28/09, 7:42 pm


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