In Fracasse v.Brent, an attorney filed a complaint against a former client who discharged the attorney without cause in order to recover a one-third interest in any damages recovered in the personal injury action brought by the former client as provided for in their contingency fee contract.It is settled law that clients may discharge their attorneys with or without cause and that the contingency fee is not due unless the contingency has occurred, which it had not in this case.In this case, the attorney would only be entitled to the reasonable value of his services up to discharge.What should the client do?

Question

Quizplus · Accepted Answer

The client should make a motion to dismiss for the failure to state a claim on which relief can be granted. As explained in the case law, the contingency fee is not due unless the contingency has occurred, which it had not in this case, and the attorney would only be entitled to the reasonable value of his services up to discharge. Therefore, the attorney's claim for a one-third interest in any damages recovered in the personal injury action is not a valid claim and should be dismissed.

In Fracasse V