Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter, and, if there is a recovery, showing the remittance to the client and the method of its determination. When there is doubt whether a contingent fee is consistent with the client's best interest, the lawyer should offer the client alternative bases for the fee and explain their implications. Id. cmt., Terms of Payment. Further, case law has established that certain provisions attempting to restrict a client's rights are contrary to public policy. For example, a contingent fee agreement that prohibits a client from compromising or settling a claim is void.
Clients have the right to discharge their attorneys at any time, with or without cause.
Attorneys may withdraw from representation of a client, subject to both ethical and procedural rules. Both types of termination of the attorney-client relationship have an impact on a lawyer's contingent fee agreement. This fiduciary relationship, not traditional contract principles, defined the standards to be applied to disagreements over fees, and the Martin court held that the discharged attorney could collect no fee. The Martin court implied a provision in the retainer agreement that recognizes the right of the client to fire the attorney. The ABA Comment to Rule 16-116 essentially embraces the basic holding in Martin regarding the client's right to discharge the lawyer.