If an attorney is terminated before a contingency is fulfilled, what can they recover?

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When an attorney is terminated before the fulfillment of a contingency fee arrangement, they are typically entitled to recover on a quantum meruit basis. Quantum meruit means "as much as he has deserved" and allows the attorney to be compensated for the value of the services they have provided up to the point of termination, even though the contingency has not been met.

This principle recognizes the work the attorney has done, allowing them to recover for the reasonable value of their services rather than being left with no compensation due to the early termination of their agreement with the client. The specific amount that can be claimed under quantum meruit is based on the services rendered and not necessarily linked to the total potential fee that would have been earned had the contingency been fulfilled.

In contrast, other options do not accurately reflect the principles governing attorney compensation upon early termination. For example, claiming nothing would be overly harsh and inconsistent with the services provided. Recovering all fees for services rendered is not applicable in a contingency fee arrangement where payment is dependent on results. Lastly, claiming a fixed percentage of the expected recovery assumes that the contingency has been met, which is not the case when an attorney is terminated prematurely.

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