Davy v. Fidelity & Casualty Insurance

Citations

• 78 Ohio St. (N.S.) 256

Syllabus

<p>Contract for fee of attorney — Contingent upon amount recovered— Valid — Provision against compromise by .client — Invalid—■ Vitiates entire contract.</p> <p>1. While a contract for an attorney’s fee contingent upon the amount to be recovered by judgment or settlement is ordinarily valid, yet when such contract contains a stipulation that the client shall not compromise or settle his claim without the consent of the attorney, it is champertous and voidable at the option of the client, and its illegality will avail as a defense in any action against a third party which is based on the contract.</p> <p>2. In such case the illegal stipulation cannot be ignored and the other provisions of the contract enforced.</p>