QUESTION: Attorney was the second attorney hired to represent the client on a personal injury matter. Can Attorney represent the client on a contingency fee basis or must Attorney charge only an hourly rate?

ANSWER: Attorney is ethically permitted to charge a reasonable fee based upon the work that Attorney has done for the client. No provision of the Rules of Professional Conduct prohibits Attorney, as successor counsel, from charging a contingency fee, as long as that fee is reasonable. The total fee the client is charged must be reasonable in light of all of the circumstances, including the reasonable fee to which the previous attorney is entitled.This opinion does not affect the authority of the court to rule on the fees for Attorney and the previous attorney in this case. Some cases that may be of interest or assistance in this type of situation are:

QUANTUM MERUIT/ATTORNEY’S LIENKuczwara v. Continental Baking Company, 24 S.W.3d 712 (Mo. App. E.D. 1999).

Goldstein and Price, L.C. v. Tonkin & Mondl, L.C., 974 S.W.2d 543 (Mo. App. E.D. 1998).

Turpin v. Anderson, 957 S.W.2d 421 (Mo. App. W.D. 1997).

Reid v. Reid, 950 S.W.2d 289 (Mo. App. E.D. 1997).

Kansas City Area Transportation Authority v. 4550 Main, 893 S.W.2d 861 (Mo. App. W.D. 1995).

International Materials v. Sun Corp., 824 S.W.2d 890 (Mo. banc 1992).

Plaza Shoe Store, Inc. v. Hermel, Inc., 636 S.W.2d 53 (Mo. banc 1982).

 

CONTINGENT FEE – CALCULATION/AMBIGUITYSpecialty Restaurants Corporation v. Gordon R. Gaebler, P.C., 956 S.W.2d 391 (Mo. App. W.D. 1997).Brown v. Whitaker, 926 S.W.2d 1 (Mo. App. W.D. 1996).

Baker v. Whitaker, 887 S.W.2d 664 (Mo. App. W.D. 1994).

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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