A law firm appealed an application judge’s decision interpreting a contingency fee retainer agreement and rejecting its claim to a share of damages awarded on appeal.
The client had retained new counsel for the appeal, which resulted in a substantial damages award after an unsuccessful trial.
The firm argued it was entitled to fees under the retainer or alternatively on a quantum meruit basis.
The Court of Appeal held that the retainer expressly limited fee entitlement to damages recovered by settlement or judgment at trial and did not include recovery obtained on appeal.
The court also held that quantum meruit relief was unavailable where the parties had expressly defined the circumstances of payment.
The appeal was dismissed.
