Virgin v. Frexes
After a wrongful death client discharged the referring attorney (her aunt) who had signed a 25% fee-splitting agreement with lead counsel, the trial court held that a referral attorney cannot be discharged and awarded her the full contractual referral fee ($140,000), alternatively awarding the same amount in quantum meruit. The Third District reversed, holding a client may discharge a referral attorney just like any other lawyer, no express release of joint responsibility is required, and a discharged referral attorney is limited to modified quantum meruit capped by the contract fee and confined to pre-discharge work within the agreement's scope.
Key facts
- A wrongful death client discharged her referring attorney (her aunt) who had signed a 25% fee-splitting agreement with lead counsel after the client retained new counsel.
- The trial court held the referral attorney could not be discharged and awarded her the full contractual referral fee of $140,000, alternatively awarding the same amount in quantum meruit.
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Why it matters
This is the Third District's most thorough treatment yet of the discharge and compensation of referral counsel under Rules 4-1.5(g) and 4-1.16, resolving a question the trial court decided the opposite way… — full analysis with a trial
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