Dodd v. Newton

The majority opinion holds that evidence of the "contingent fee” schedule of the local bar is relevant and admissible in a quantum meruit suit. I disagree. "A contingent fee may or may not be reasonable, but it is by definition a proportionate part of a judgment recovered by the attorney for his client.” Old Equity Life Ins. Co. v. Barnard, 120 Ga. App. 596, 597 (171 SE2d 636). It is "payable by special contract out of the proceeds of the suit.” Modlin v. Smith, 13 Ga. App. 259, 264 (79 SE 82). The "happening of the contingency is a condition precedent to the right of the attorney to recovery…