quantum marit attorney fees claim in pro bono case
Will an attorney be able to collect attorney fees on a quantum merit claim for a case he took, on a verbal pro bono agreement, and was ultimately substituted out of a case that was lost?
Re: quantum marit attorney fees claim in pro bono case
Quantum meruit means that one will be paid a reasonable amount for his/her services, something that a judge would decide as fair.
On the other hand "pro bono" is translated as "for the good" and literally means the attorney is donating his services, usually to clients who are too poor and can't retain their own attorney because they cannot afford it.
The verbal part is unimportant, since oral evidence is as binding as written evidence, just much harder to prove.
Since attorneys who are substituted out are entitled to reasonable compensation for their services, an attorney who is substituted out ordinarily would collect said reasonable fees.
I have given you rules of law which would indicate you could argue both sides: 1--quantum meruit would mean attorney would get reasonable fees; and (2) pro bono means nothing would be expected.
I cannot give an opinion without more facts. Sorry, but if you need more, please feel free to e-mail, or call, my office.
