Fired attorney is allowed to collect part of recovery under hybrid fee agreement.
The Island Lake Arbors Condominium Association hired Meisner & Associates to pursue a claim against the Toll Brothers, Inc., developer and builder of the condo, for defects in the structure. The parties signed a fee agreement pursuant to which Meisner was paid a reduced hourly fee, but would also share on a contingent basis, in any recovery. After 18 months work, the Association fired Meisner and hired a different attorney. When a settlement was achieved, the Association refused to disclose the amount to Meisner and argued that the firm was owed no additional fees. The Court of Appeals ruled that the settlement must be disclosed to Meisner and that under the plain terms of the fee agreement, he was entitled to a total fee of 12% of the recovery.