Dobbs v. DePuy Orthopaedics, Inc.

Dist. Ct. did not err in awarding plaintiff’s former counsel $87,500 in attorney fees on quantum meruit basis, under circumstances where plaintiff had terminated counsel after counsel had represented plaintiff in products liability action and had received from defendant in said action $250,000 offer to settle case, but before plaintiff had accepted said settlement offer. Plaintiff and counsel had entered into contingency fee agreement calling for counsel to receive 35 percent of any recovery, and record supported instant $87,500 fee award, given fact that: (1) attorneys spent 25 hours on case from retention to discharge, and support staff spent 102.6 hours on said matter; (2) lead attorney had highly qualified reputation; (3) underlying lawsuit concerned complex products liability matter; (4) instant 35 percent contingency was within usual and customary charge; and (5) plaintiff did not perform any additional work other than to accept settlement. Fact that instant award equaled amount counsel would have received under contingency fee contract did not require different result.