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

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