Withdrawing Attorney Not Entitled to Contingent Fee

In Kirschner v. Biritz, 5D02-3012 decided 4/25/2003, (Fla. 5DCA 2003), the Florida Fifth District Court of Appeal held that an attorney that withdrew from a personal injury case before the case was settled did not retain a right to a contingent attorney’s fee.  The attorney forfeits a right to compensation unless the client’s own conduct makes the representation either legally impossible or would cause the attorney to violate an ethical rule.  Had the attorney been discharged without cause by the client, the attorney would have been entitled to a contingent attorney’s fee.