Plaintiff employed an attorney on a contingent fee basis. After the suit had been begun, but before trial, plaintiff moved to dismiss and to substitute attorneys so that he might bring the action in another state. The attorney objected, claiming that the court should secure him in his right to one-third of the recovery. Plaintiff contended that the attorney was only entitled to the reasonable value of his services. On argument to the court, held, for plaintiff. When the employment is upon a contingent fee basis the attorney discharged without cause has a right only to the reasonable value of his services. The opinion did not discuss means for protecting this right. Casebolt v. Mid-Continent Airlines, Inc., (D.C. Minn. 1949) 85 F. Supp. 915.

Included in

Jurisdiction Commons