Monday, February 3, 2014

Quantum Meruit

A principle in equity used as a basis for determining a lawyer's professional fees in the absence of contract.
The compensation of lawyers for professional services rendered is subject to the supervision of the court, not only to guarnatee that the fees they charge remain reasonable and commensurate with the services they have actually rendered, but to maintain the dignity and integrity of the legal profession as well.
A Latin term which means, "as much as deserved."

Sunday, February 2, 2014

Champertous Contract

An agreement whereby an Attorney undertakes to pay the expenses of the proceedings to enforce the client's rights in exchange for some bargain to have a part of the thing in dispute. Such a contract is contrary to public policy and is void. It is likewise contrary to the Code of Professional Responsibility. While lawyers may advance the necessary expenses in a legal matter they are handling in order to safeguard their client's rights, it is imperative that the advances be subject to reimbursement. The purpose is to avoid a situation in which a lawyer acquires a personal stake in the client's cause. No matter how dire the needs of the clients, a lawyer must always avoid any appearance of impropriety, to preserve the integrity of the profession.