Attorney's Interest in His Case undera Contract for Contingent Fees - Absolute protection for an attorney who has given services in a cause wherein he runs the risk of receiving no compensation for his efforts would require that he be considered as having an equitable assignment of the specified percentage of the judgment from the filing of the first paper, and that he have the right to carry the case through to final judgment, on his own behalf, any desire of his client to discontinue, dismiss or compromise to the contrary notwithstanding. On the other hand, the courts frequently say that the client should have a maximum power of control of his case at all times, and that compromise should be actively favored, as a matter of public policy. There is authority for almost every conceivable position between these extremes.
D. H. Brake, Joseph H. Drake, George Seletto & Ralph W. Aigler,
Note and Comment,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol20/iss3/3