Practicing With Professionalism - South Carolina Bar Association

· III. Withdrawallfermination from Attorney-Client Relationship:
A. The client has a right to discharge the attorney at any time, with or without
cause:
1. A client may be liable for payment ofthe attorney's services:
a. The fee agreement may contain a termination or conversion clause;
b. Quantum meruit may be the controlling principle if a court decides
the matter. See Olsen & Brown v. City ofEnglewood, 867 P.2d 96
(Colo. App. 1993). (City terminated, without cause, an attorneyclient
relationship based on an oral agreement and the law firm sued
the City on breach of contract and other theories. The court of
appeals held unenforceable any provision (other than quantum
meruit payment for legal services already rendered) of a contract
preventing a client from exercising freely the right to discharge an
attorney without liability.
2. An attorney may seek quantum meruit recovery even when a contingency
fee agreement fails, provided that the client is given sufficient notice in
wri.ting ofthe potential claim. See Dudding v. Norton Frickey & Assocs.,
11 P.3d 441 (Colo. 2000). (Client entered into a contingency fee
agreement to retain attorney to bring suit for wrongful termination of
claim against employer. Client and employer settled their claim, and the
client was reinstated. Attorney claimed the settlement resulted from
attorney's work and soughtone third ofthe client's first year ofwages in
accordance with the contingency fee agreement. Client refused to pay and
fired attorney. The supreme court held that in a contingency fee
agreement, notifying the client that the attorney may seek recovery based
on f! predetermined hourly rate was insufficient notice of a quantum
meruit claim).
.3. Failure to withdraw at the client's request and failure to return the client's
documents may result in attorney discipline. See Colo. RPC 1.16(d).
a. People v. Wiedman, 36 P.3d 785 (Colo.O.P.D.J. 1999). (Attorney
failed to respond to client requestS for information; failed to hold
client funds in trust; failed to account for payments received on
behalf of the client; and failed to return ·files at termination· of
representation.) (suspension, three years).
b. People v. Fager, 925 P.2d 280 (Colo. 1996). (Attorney neglected
the custody portion of a client's dissolution of marriage action and
failed, in this and other instances, to account for client funds, return
Professionalism CLE (2004)