Walsh v. Shumway

Citations

• 65 Ill. 471

Syllabus

<p>1. Attorney at law—right to compensation under special contract. Where an attorney Avas employed to commence and prosecute legal proceedings for the recovery of real estate for his client, under a special contract that he Avas to receive as a fee one-fourth of the land recovered; and he Avas afterwards authorized to compromise the litigation upon certain terms, and in that event his fee was to be one-fourth of what he might thus secure, hut he neither recovered the land nor effected any compromise, he not being prevented from so doing by any act of his client; and it appeared that the attorney failed to use reasonable diligence in the performance of his undertaking, and had never brought the action commenced by him to trial, or prepared for trial, although the suit had been pending about four years: Seld, that such neglect of duty authorized the client to seek other aid, and, having done so, he could not be required to execute the original agreement.</p> <p>2. Same—right of client to rescind contract. While it is true that a client can not rescind, at discretion, a special contract with his attorney, yet it results, from its very nature, that he may do so if the attorney fails to use reasonable diligence in the performance of his part of the undertaking.</p> <p>3. Same—effect of rescission on attorney's claim for compensation. Where an attorney at law, who was retained under a special contract by which he was to receive one-fourth of the lands recovered by him, or a certain share of the amount realized upon a compromise, and the client rightfully discharged him for inattention to the duties he had undertaken, and employed other counsel: Seld, that the attorney so discharged was not entitled to recover upon the principle of a quantum .meruit; the contract being an entirety, there could be no apportionment of compensation.</p> <p>4. But while the attorney, under such circumstances, is not entitled to recover under his contract, yet where he advanced certain sums of