Rosenberg v. Levin
Supreme Court of Florida
409 So.2d 1016 (1982)
Relevant factsFree
Levin (defendant) hired the Rosenberg and Pomerantz firm (plaintiff) under a contract providing a $10,000 fixed fee plus a 50-percent contingency fee. Levin later discharged the firm without cause, hired new counsel, and settled the underlying case for $500,000. The firm sued in quantum meruit for the value of its services; the trial court awarded $55,000, but the court of appeals held the award could not exceed the contract's maximum fee and reduced it to $10,000. The firm appealed.
IssueFree
Whether a discharged attorney, in both fixed-fee and contingency-fee arrangements, is entitled to the reasonable value of services rendered on a quantum meruit basis, capped at the maximum fee set in the contract.