Prompt payment of legal fees, C3S45 CPRA
Section 45, Canon III SECTION 45. Prompt payment of legal fees. - A lawyer is entitled to prompt payment from the client of attorney’s fees. Absent an express agreement as to professional fees, a lawyer is entitled to be paid reasonable attorney's fees in accordance with Canon III, Section 41. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prompt payment of legal fees Under this section, lawyers are “entitled to prompt payment from the client of attorney’s fees.” a. Quantum meruit If there is no express agreement or contract regrading professional fees, lawyers are “entitled to be paid reasonable attorney’s fees in accordance with Canon III, Section 41. This is also known as quantum meruit. Quantum meruit - literally meaning as much as he deserves - is used as basis for determining an attorney’s professional fees in the absence of an express agreement. The recovery of attorney’s fees on the basis of quantum meruit is a device that prevents an unscrupulous client from running away with the fruits of the legal services of counsel without paying for it and also avoids unjust enrichment on the part of the attorney himself. An attorney must show that he is entitled to reasonable compensation for the effort in pursuing the client’s cause, taking into account certain factors in fixing the amount of legal fees. (Villarama v. De Jesus, G.R. No. 217004, 17 April 2017) The principle of quantum meruit applies if a lawyer is employed without a price agreed upon f...
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