Legal Opinion · Dissent

Bass v. Rose

West Virginia Supreme Court

Decided November 19, 2004No. 31402Published

1DissentDavis, J.

(Filed Nov. 19, 2004)

The majority’s opinion permits attorneys to collect fees from their clients for performing absolutely no services on behalf of those clients. I disagree with any scheme that allows an attorney to collect money when he or she has done nothing to earn that money. Let me be clear that my dissent is not a criticism of contingent fees. I find absolutely no fault with contingent fees in general. As I have said before, “my dispute with the majority opinion is that it permits attorneys in this state to collect fees from their clients when they have performed absolutely no…

2Cases cited6 opinions

  1. Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
  2. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  3. Committee on Legal Ethics of West Virginia State Bar v. TattersonWest Virginia Supreme Court · 1986
  4. Bethlehem Mines Corporation v. HadenWest Virginia Supreme Court · 1969
  5. Bass v. Coltelli-RoseWest Virginia Supreme Court · 2000

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