Schrader Byrd & Companion, P.L.L.C. v. Marks

The Majority affirmed the circuit court’s finding of summary judgment based upon the Majority’s conclusion that the fees-from-future-royalties arrangement was not per se impermissible. In so doing, the Majority established a factor test to determine whether an attorney is entitled to receive fees through such an arrangement. The first factor is the consideration of whether the terms of the fee agreement between the attorney and client provide for a fees-from-future-royalties arrangement. The second factor is “whether, when viewed in the context of the entire representation of the client by…