Professional Documents
Culture Documents
ATTORNEYS FEES
ORAL OR IN
WRITING
FEE STIPULATED
MAY BE ABSOLUTE
OR CONTINGENT
A RETAINER MAY
BE GENERAL OR
SPECIAL
EFFECT OF
UNCONSCIONABILITY OF
AMOUNT OF ATTORNEYS FEES
INVALID IF
AMOUNT IS
UNCONCIONABLE
Note: CONTINGENT
FEE
AN AGREEMENT IN WRITING IN
WHICH THE FEE, USUALLY A
PERCENTAGE OF WHAT MAY BE
RECOVERED IN THE ACTION, IS
MADE TO DEPEND UPON THE
SUCCESS IN THE EFFORT TO
ENFORCE OR DEFEND A SUPPOSED
RIGHT
Champertous Contracts
(void)
Lawyer stipulates with his client
that in the prosecution of the case, he
will bear all the expenses for the
recovery of things or property being
claimed by the client and the latter
agrees to pay the former a portion of
the thing/property recovered as
compensation.
Rule on interpretation of a
professional contract
General rule, to adopt such
construction as would be more
favorable to the client even if it
would work prejudice to the
lawyer.
QUANTUM MERUIT
AS MUCH AS A LAWYER
DESERVES is used as the basis
for determining the lawyers
professional fees in the absence
of a contract, but recoverable by
him from his client.
e) The probability of
losing other employment
as a result of acceptance
of the proffered case;
Note:
Rule 20.04 A lawyer shall avoid
controversies with clients concerning
his compensation and shall resort to
judicial action only to prevent
imposition, injustice or fraud.