Legal Question in Consumer Law in Florida

Rules for contingency fee agreements

I had a contingency fee agreement with an attorney and I had to file a complaint against this attorney with the Florida Bar. The attorney received a Letter of Advice from the Florida Bar. He withdrew from our case. I did not fire him. My question is: Since he withdrew and I did not fire him, are there any laws governing this situation with regard to him collecting fees for the work he had done on our case?

He is attempting to collect fees for the work he had done. I believe I read that when an attorney withdraws that he cannot collect fees. Only if he were fired would he be able to collect fees.


Asked on 7/06/07, 5:44 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Rules for contingency fee agreements

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally, if an attorney withdraws he is still entitled to be compensated for the work which has been done for your benefit under the laws of quantum meriut rather than on a contgency basis.

Scott R. Jay, Esq.

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Answered on 7/20/07, 12:31 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Rules for contingency fee agreements

Sounds like this is a Florida question, if the issue arose in Florida.

In WA, whether the attorney fired or withdrew is not relevant to the issue of whether the attorney did the work and should get paid.

It's the attorney's decision whether to go after the payment or not. Sometimes smarter to let it go, call it good, but . . .

anyway, you need an attorney in Florida to answer this.

Hope this helps. Elizabeth Powell

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Answered on 7/06/07, 5:54 pm


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