Steven J. Kirschner, P.A. v. Biritz

The issue on appeal is whether an attorney who represents a plaintiff in a personal injury action pursuant to a contingent fee agreement, and who withdraws from representation prior to the occurrence of the contingency (recovery), retains the right to compensation?

Florida law reflects that where the withdrawal is upon the attorney’s own volition, the attorney forfeits his right to compensation unless the client’s conduct makes continued representation either legally impossible or would cause the attorney to violate an ethical rule of the Rules Regulating the Florida Bar. See Faro v. Romani,…