MATTER OF DE GRAFF, FOY, CONWAY & HOLT-HARRIS v. McKesson & Robbins, Inc.

When a lawyer informs a prospective client, at the time he is retained, that his fee will be on a contingent basis, he should clearly indicate the percentage of recovery to be received. However, the petitioner’s failure to specify the percentage in this case calls for neither a reversal nor even a remand for further findings.

The evidence strongly supports the conclusion of the courts below that the petitioner had made it clear, in the discussion with the client’s representative prior to retention, that its fee would be on a contingent basis. Mr. John DeGraff and his son, members of the…