August 18, 2019

Colorado Supreme Court: Quantum Meruit Claim Allowed Against Former Co-Counsel Even When Barred as Against Former Client

The Colorado Supreme Court issued its opinion in Melat, Pressman, and Higbie, L.L.P. v. Hannon Law Firm, L.L.C. on Monday, October 22, 2012.

Quantum Meruit Recovery From Former Co-Counsel—Time of Accrual—Statute of Limitations—Contingent Fee Agreements—CRCP Ch. 23.3.

The Supreme Court held that, where multiple attorneys are co-counsel in a contingent fee agreement, CRCP Chapter 23.3 does not bar a withdrawing attorney from pursuing a quantum meruit action against former co-counsel for a share of attorney fees obtained in the case, even though that attorney is barred from pursuing such an action against the former client. The claim accrues at the time the withdrawing attorney knows or should know of the occurrence of the settlement or judgment that will result in the payment of attorney fees.

Summary and full case available here.

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