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GALANIS v. LYONS & TRUITT

No. 64S03-9904-CV-231.

715 N.E.2d 858 (1999)

Michael J. GALANIS, Appellant (Cross Defendant Below), v. LYONS & TRUITT, Appellee (Plaintiff Below), and Suzanne Brown, Appellee (Defendant/Cross-Claimant Below).

Supreme Court of Indiana.

September 8, 1999.

Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Indianapolis, Indiana, Tammy C. Wilson, Chesterton, Indiana, Attorneys for Appellant.

Thomas F. Macke, Valparaiso, Indiana, Attorney for Appellee Suzanne Brown.

James L. Sullivan, Valparaiso, Indiana, Attorney for Appellee Lyons & Truitt.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that in the absence of express written fee agreements providing otherwise (1) a lawyer retained under a contingent fee contract but discharged prior to the contingency is entitled to recover the value of services rendered if there is a subsequent settlement or award; (2) the fee is to be measured by the proportion of the total fee equal to the contribution of the discharged lawyer's efforts to the ultimate...

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