Withdrawing Attorney Not Entitled to Contingent Fee
By Patrick Russell, Esq.
May 1, 2003 - 4:12:00 PM
Kirschner v. Biritz, 5D02-3012 decided 4/25/2003, (Fla. 5DCA 2003)
An attorney that withdrew from a personal injury case before the case was settled did not retain a right to a contingent fee. The attorney forfeits a right to compensation unless the client's own conduct makes the representation either legally impossible or would cause the attorney to violate an ethical rule. Had the attorney been discharged without cause by the client, the attorney would have been entitled to a fee under the contingency fee agreement.
