United States Savings Bank v. Pittman

Citations

• 80 Fla. 423
• 86 So. 567

Syllabus

<p>]. The relation of attorney and client is a relation of the highest confidential character, and if at any time in the course of litigation, the interests of the attorney in a suit become adverse or hostile to his client, he should cease to represent his client and give due notice of his withdrawal in order that his client may secure other counsel.</p> <p>2. A client has a right to terminate the relationship between himself and his attorney at his election, with or without cause, the existence or non-existence of valid cause for the discharge of the attorney bearing only on his right to compensation. The right of a client to change his attorney at will is based on necessity in view of both the delicate and confidential relation between them and of the evil engendered by friction and distrust.</p> <p>3. Ordinarily, in foreclosure proceedings in this State, attorneys where the mortgage provides for attorney’s fees, accept the sum allowed by the court as their fee, but such fees are allowed the mortgagee and not the attorney. Such fee is intended as an indemnity to the mortgagee for expenditures necessarily made to protect his interests. Where an attorney performs services for which there is no agreement as to his fee, he will be entitled to recover quantum meruit.</p> <p>4. Where an attorney is employed to foreclose a mortgage and there is settlement of the suit, carried on through and by the advice and with the consent of such attorney, by an acceptance of a deed to the mortgaged property, this is a satisfaction of the mortgage and the attorney can not proceed with the suit for the purpose of collecting his fees and have such fees allowed by the court without at least divulging to the court the facts and giving his client an opportunity to contest suit fees.</p> <p>5. If an attorney after there has been developed an adverse interest to his client proceeds with the cause and obtains decrees adverse to the interest of the client and there is an appeal to the Supreme