Levine v. Bayne, Snell & Krause, Ltd.

I concur in the judgment in this case, but the Court’s opinion is overly broad. The term “any amount received” is unambiguous and connotes a dollar amount received by the client rather than a non-cash recovery. But not all counterclaims or setoffs should diminish an attorney’s contingent fee that is based on a percentage of “any amount received.” In some situations, an attorney should be able to assert a claim against a client for misrepresentation or breach of an express or implied contractual covenant and thereby recover a fee based on the amount awarded for the client’s affirmative claims…