Is it ethical to include in a fee agreement the requirement that a client leaving owes substantial quantum meruit, plus costs, in order to keep clients from leaving the firm?
Under the Rules of Professional Conduct, the practice of law is still viewed as a profession. As a profession, the client then has the choice to discharge a lawyer and go elsewhere. The client may owe money to the lawyer as a result and the lawyer has the right to sue the client on a quantum meruit basis. If the client is transferred to another lawyer, a referral fee arrangement can often be worked out.
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