KIRSCHNER v. BIRITZ

No. 5D02-3012.

843 So.2d 349 (2003)

Steven J. KIRSCHNER, P.A., Appellant, v. Ronald BIRITZ, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

April 25, 2003.


Attorney(s) appearing for the Case

Steven J. Kirschner of Steven J. Kirschner, P.A., Winter Park, pro se.

David P. Lister of Sams, Martin, Lipsky, Lister & Kaufman, P.A., Miami Lakes, for Appellees.


PLEUS, J.

The issue on appeal is whether an attorney who represents a plaintiff in a personal injury action pursuant to a contingent fee agreement, and who withdraws from representation prior to the occurrence of the contingency (recovery), retains the right to compensation?

Florida law reflects that where the withdrawal is upon the attorney's own volition, the attorney forfeits his right to compensation unless the client's conduct makes continued representation...

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