Publication Date
Spring 1992
Journal
Emory Law Journal
Abstract
The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage as contract damages, is, however, entitled to a quantum meruit recovery. A majority of jurisdictions, many with previously opposing holdings, 5 have come to adopt this rule.
Volume
41
Issue
2
First Page
367
Last Page
402
Publisher
Emory University School of Law
Keywords
Legal Practice and Procedure, Legal Profession, Attorneys, Contracts, Remedies
Disciplines
Contracts | Law | Legal Profession
Recommended Citation
Lester Brickman,
Setting The Fee When The Client Discharges a Contingent Fee Attorney,
41
Emory L.J.
367
(1992).
https://larc.cardozo.yu.edu/faculty-articles/232