USDC EDMo awards quantum meruit as a percentage of fees -- Meiss v. Port City Trucking
Last week, the US District Court for the Eastern District of Missouri issued its latest decision in Miess v. Port City Trucking, Case No. 4:09CV1124 CDP (2/8/2012), taking on the question, "When lawyers commit ethical violations and are fired by their client, are they still entitled to a fee when the former client ultimately settles the case?"
I will have more to say about this case in the future, but for now only congratulate the District Court for awarding as quantum meruit eight percent of the legal fees. Too often courts ignore that an original fee agreement was a contingency fee where the lawyer would receive a percentage of the recovery, and instead convert the legal fees to a lodestar (hours times rate) calculation.
P.S. I have had enough contacts with the lawyers on this case that I should not be seen as totally disinterested.