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  1. #1
    Join Date
    Jan 2013
    Posts
    17

    Default What Happens if a Client Decides to Drop a Case

    My question relates to legal practice in the state of: California

    This is a hypothetical or "general" question, so there is no specific, actual document to refer to.

    I am curious, in the case where an attorney agreed to take a plaintiff's case on contingency, where his/her payment would be a percentage of what was recovered/awarded in the case, what would happen if the plaintiff-client decided either to fire the attorney and seek representation from someone else, or chose not to continue with the lawsuit, before any settlement was reached, or the case even approached going to trial? Because the attorney would only get paid for his/her time if there is a recovery in the suit, it seems to me that an attorney would not be happy if the client decided to cancel the case, since then the attorney would have no chance of getting compensation for his/her time already invested in the case? Do attorneys often (or, ever) write something into a contingency fee agreement which stipulates that the client will owe them for any time worked if the client drops the suit, or fires the attorney?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What if a Client Decides Not to Continue with Either the Attorney or the Case

    It will depend upon the facts and the terms of the retainer agreement.

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