Covington v. Rhodes

ARNOLD, Judge.

I

The major issue presented by this appeal is whether an attorney may recover on a contingent fee contract when his clients have discharged him prior to final disposition of the case. We find no North Carolina case which decides this point, and there is a split of authority in other jurisdictions. Some courts have held that the attorney is entitled to the contract amount, others that he may recover only the reasonable value of the services which he has performed. 7 Am. Jur. 2d, Attorneys at Law § 256, and cases cited therein; 136 A.L.R. 231; 7 C.J.S., Attorney & Client, §§ 168 &…