Legal Question in Sexual Harassment in Illinois

contingency fee?

How does a lawyer who works on a contingency fee basis work exactly? Suppose that a letter is sent to my former employer, notifying them that a charge of sexual harassment/discrimination has been filed agasint them with the EEOC. If the employer tries to settle, but I want to settle for more or decide not to settle at all against my lawyer's advice, is the contingency-fee status between us broken?

Thanks!


Asked on 11/16/01, 10:36 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: contingency fee?

You raise interesting questions. The relationship between you and your lawyer is governed by (i) the contract you signed with him (the contingent fee agreement); (ii) professional ethics rules; and (iii) the "common law."

Generally speaking, you have sole authority to settle a case. If your attorney advises you to settle, and you reject his advice, he can still work for you under your direction if you still want him or he can withdraw from the case. In the latter instance, quite frequently the lawyer will be awarded "quantum meruit," which literally means "as much as he deserves." In other words, he will frequently be entitled to an hourly rate for the work he performed.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 11/16/01, 12:31 pm


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