Advisory Opinion:
1512
Year Issued:
1993
RPC(s):
RPC 1.2(a); 1.15
Subject:
Fee agreement; withdrawal when attorney believes appeal imprudent; authorization of settlement
The Committee reviewed your inquiry wherein you represented a couple on a claim for personal injuries. Prior to undertaking the work, you deleted at the client's request, a portion of your original Legal Representation Agreement, which indicated that the agreement did not extend to representation of the client in any appellate action, unless otherwise stated. The inquiry indicates that the case went to trial and a jury verdict lower than you had anticipated was returned. You then inquired whether or not you were obligated to pursue the appeal given the terms of your agreement. You further inquired whether or not your fee must be based upon the contingent fee percentages provided in the written agreement.
The Committee directed that you be advised that you could withdraw from the case/appeal pursuant to RPC 1.15(b)(3), if you honestly and reasonable believe prosecuting the appeal was imprudent [from the client's perspective]. However, the Committee provided no opinion as to whether such action of withdrawal would be in breach of contract or the fee to which you would be entitled. The Committee noted that any withdrawal must be consistent with RPC 1.15(d).
The Committee also wished to direct your attention to RPC 1.2(a) which gives the client the right to authorize settlement and noted that your contract, with respect to its provisions that the "client agrees to make no compromise or settlement in this matter without the approval of the Counsel", under Section IIA appears to violate this ethical provision.
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