Saturday, December 8, 2012

Watch Out For Quantum Meruit Claims

If you’ve been the victim of legal malpractice you may want to familiarize yourself with the concept of “Quantum Meruit.” Translated from Latin, Quantum Meruit means, “As much as is deserved.” In the legal world, this is an equitable concept applied by courts to compensate a party in the absence of a legally enforceable contract. But why is it important in the context of legal malpractice? It’s important because even if you fire your lawyer because they are doing a poor job, the lawyer may be able to use the doctrine of Quantum Meruit to pursue a claim against you for services provided. This is true even if the attorney was hired on a strict contingency basis, as is generally the situation in a personal injury or tort case. If you’ve recently fired your attorney because of their negligent representation you may want to check your fee agreement for any language regarding “services rendered” or Quantum Meruit. Better yet, give us a call and we’ll do the dirty work for you.

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