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Ethics Keyed to Hazard
White v. McBride
Facts
Plaintiff, attorney White, made a contingency agreement with his client shortly before his death by which his fee would consist of one-third of the client’s statutory share of his wife’s estate-a total of $108,000. The probate court found that Plaintiff had devoted about 114 hours to this matter, and awarded him $12,500 using the Tennessee’s maximum allowable rate of $150/hour for probate work. Plaintiff now appeals, arguing that he is entitled to the full $108,000 (even if this was held to be excessive) under the theory of quantum meruit.
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