GA Code § 15-19-11 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 19 - Attorneys|Article 1 - General Provisions|§ 15-19-11. Attorney's Retainer; Recovery for Services Rendered

 Unless otherwise stipulated, one-half of the fee in any case is a retainer and is due at any time unless the attorney, without sufficient cause, abandons the case before rendering service to that value. In cases where he has rendered such service but cannot render the balance of service due to the act of his client, providential cause, election to office, or removal out of the state, he is entitled to retain such amount or a due proportion thereof if collected, or if not collected, to bring an action to collect it. Where no special contract is made, the attorney may recover for the services actually rendered.   (Orig. Code 1863, § 380; Code 1868, § 441; Code 1873, § 406; Code 1882, § 406; Civil Code 1895, § 4415; Civil Code 1910, § 4953; Code 1933, § 9-611.)   Law reviews.   - For article advocating that payment of attorneys fees be assigned to the losing party, see 18 Ga. B.J. 439 (1956). For article discussing the determination of reasonable attorney's fees, see 19 Ga. B.J. 201 (1956). For article, "The Rights of Attorneys and Their Clients in Fee Disputes," see 16 Ga. St. B.J. 150 (1980). For article, "Trust Account Rules for Georgia Lawyers," see 24 Ga. St. B.J. 22 (1987). For comment on Citizen's & S. Nat'l Bank v. Orkin, 223 Ga. 385, 156 S.E.2d 86 (1967), see 4 Ga. St. B.J. 398 (1968).   JUDICIAL DECISIONS   Court's discretion in determining attorneys' fees.   - Amount of attorneys' fees is left to sound discretion of trial judge since court is itself an expert on the question of attorneys' fees and, as such, may form the court's own independent judgment. Walker v. Ralston Purina Co., 409 F. Supp. 101 (M.D. Ga. 1976).    Client cannot dismiss action without paying attorney's fees. Twiggs v. Chambers, 56 Ga. 279 (1876); Manning v. Manning, 61 Ga. 137 (1878).   Withdrawing writ of error.    - Writ of error (see now O.C.G.A. §§ 5-6-49 and5-6-50) to the Supreme Court cannot be withdrawn without consent of counsel, employed under a contract granting a contingent fee. Walker v. Equitable Mtg. Co., 114 Ga. 862, 40 S.E. 1010 (1902); Richmond County v. Richmond County Reformatory Inst., 141 Ga. 457, 81 S.E. 232 (1914); Corbin v. McCrary, 22 Ga. App. 472, 96 S.E. 445, cert. denied, 22 Ga. App. 803 (1918).   Compensation of dismissed attorney.    - Court should ensure that attorney receives reasonable compensation for the attorney's services if the attorney is dismissed. Nodvin v. Fabian, 153 Ga. App. 716, 266 S.E.2d 253 (1980).   Contingent fee attorney recovering value of services.    - When contingent fee client prevents contingency from happening, attorney can sue client for reasonable value of services. Nodvin v. Fabian, 153 Ga. App. 716, 266 S.E.2d 253 (1980).    Contingent fee attorney who is discharged is not permitted to recover the attorney's fee by a motion for the fee in the proceeding in which the fee was earned. Nodvin v. Fabian, 153 Ga. App. 716, 266 S.E.2d 253 (1980).   Attorney paid liquidated demand against estate of deceased client.    - If counsel was employed at a gross sum, and the client died before all the services were rendered, one half of the stipulated fee was a liquidated demand against the estate of the latter. McNulty, George & Hall v. Pruden, 62 Ga. 135 (1878).   Rendering of services for client not formal party.    - Attorney may render services for person or corporation in action to which client is not a formal party, such as keeping it out of action. Dublin & S.W. Ry. v. Akerman & Akerman, 2 Ga. App. 746, 59 S.E. 10 (1907).   Client's liability for associate counsel fees.    - Client is not liable for fees of associate counsel hired by leading counsel without the client's consent. Mathews v. Giles, 108 Ga. 364, 33 S.E. 1006 (1899).    Disagreement over the amount due may be ruled upon. Cothran v. Brower, 75 Ga. 494 (1885).   Client liable for full amount of attorney's fees after post-judgment settlement.    - When attorney has taken a claim on the terms that the attorney is to have a certain percentage of the recovery, and after judgment client and opposite party settle controversy, the client is liable to the attorney for the full amount of the attorney's fee. Coker v. Oliver, 4 Ga. App. 728, 62 S.E. 483 (1908).   Attorney entitled to stipulated percentage of amount collected.    - When the payee of a note, which contains a provision for 10 percent attorney's fees if the note is "collected by law through an attorney," enters with an attorney into an agreement by which it is provided that the attorney will collect the note or "bring about settlement which is satisfactory to" the payee for a specified sum, but that "the 10 percent for collection by an attorney as stated in the note will be in lieu of the $75.00 attorney's fee and in full payment of all demands, provided that" the note is reduced to a judgment which includes attorney's fees provided for in the note, the attorney, upon the reduction of the note to judgment, is entitled to a fee of 10 percent out of the amount actually collected on the judgment. Stegall v. Edwards, 51 Ga. App. 738, 181 S.E. 502 (1935).   When recovery of attorney's fees on quantum meruit permitted.    - Recovery of attorney's fees on quantum meruit basis is permitted only if no fee has been agreed upon or if the attorney cannot render the balance of the agreed services due to any of the contingencies provided in this section. Dickey v. Mingledorff, 110 Ga. App. 454, 138 S.E.2d 735 (1964).   Attorneys in alimony case paid amount subtracted from contractual fee.    - If judgment in alimony case provides that a certain amount be paid to the attorneys of record, that amount, when paid to such attorneys, must be subtracted from the amount due the attorneys under a contract between the attorneys and the client. Dickey v. Mingledorff, 110 Ga. App. 454, 138 S.E.2d 735 (1964).    Cited in McIntire v. McQuade, 63 Ga. App. 116, 10 S.E.2d 233 (1940); Reed v. Williams, 160 Ga. App. 254, 287 S.E.2d 47 (1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 7 Am. Jur. 2d, Attorneys at Law, §§ 248 et seq., 256.   C.J.S.   - 7A C.J.S., Attorney and Client, § 160 et seq.   ALR.    - Agreement for contingent fee as assignment of interest in judgment, 2 A.L.R. 454; 19 A.L.R. 399.    Construction of contract as regards services contemplated by it where attorney claims compensation in addition to amount named therein, 2 A.L.R. 844.    Amount or basis of recovery by attorney who takes case on contingent fee where client discontinues, settles, or compromises, 3 A.L.R. 472; 40 A.L.R. 1529.    Validity of statutory provision for attorneys' fees, 11 A.L.R. 884; 90 A.L.R. 530.    Right of attorney to retaining fee, 21 A.L.R. 1442.    Lien of attorney on public fund or property, 24 A.L.R. 933.    Interest on claim for legal services, 52 A.L.R. 197.    What amounts to settlement of action within contractual provision in relation to compensation of attorney, 55 A.L.R. 428.    Right of attorney to have case continued to protect his compensation, 67 A.L.R. 442.    Allowance and apportionment of counsel fees in suit for partition, 73 A.L.R. 16; 94 A.L.R.2d 575.    Right of attorney to recover upon quantum meruit or implied contract for services rendered under champertous contract, 85 A.L.R. 1365.    Attorneys' fees in suit for injunction, 89 A.L.R. 1093.    Validity of provision for attorney fees in mortgage to federal land bank, 91 A.L.R. 382.    Right of attorney rendering service to personal representative or testamentary trustee to equitable substitution or subrogation to the latter's right against the estate in respect of such services, 100 A.L.R. 72.    Allowance of attorney's fee against property or fund increased or protected by attorney's services, 107 A.L.R. 749.    Contract price as limit of attorney's recovery on quantum meruit in event of his discharge without fault on his part, 109 A.L.R. 674.    Expenses incurred by attorney as affecting amount of his compensation under contingent fee contract, 116 A.L.R. 1244.    Duty of attorney to advise client regarding the work involved and the amount of his compensation, 117 A.L.R. 1008.    Rights, liabilities, and remedies of endorsers and endorsees in respect of stipulation in paper for attorneys' fees or costs of collection, 117 A.L.R. 1236.    When statute of limitation commences to run against action by attorney employed on contingent fee who was discharged or withdrew before determination of litigation or other event upon which his compensation was contingent, 118 A.L.R. 1281.    Adjustment or determination of compensation of discharged attorney as condition of substitution of attorney by court order, 124 A.L.R. 725.    Attorney's contract for contingent fee as amounting to an equitable assignment of interest in cause of action, or proceeds of settlement thereof, 124 A.L.R. 1508.    Lack of merit in cause of action or defense or client's loss of faith therein as justification for discharge of attorney employed on contingent fee precluding recovery of compensation by latter, 131 A.L.R. 974.    Amount of compensation of attorney, in absence of agreement, as affected by intention that services should be gratuitous unless successful, or by client's lack of means to pay for services unless successful, 135 A.L.R. 859.    Validity of contract between governmental unit and attorney which makes compensation contingent upon results accomplished, 136 A.L.R. 116.    Terms of attorney's contingent-fee contract as creating an equitable lien in his favor, 143 A.L.R. 204.    Amount of attorney's compensation (in absence of contract or statute fixing amount), 143 A.L.R. 672; 56 A.L.R.2d 13; 57 A.L.R.3d 475; 58 A.L.R.3d 201; 59 A.L.R.3d 152; 17 A.L.R.5th 366.    Compensation of attorneys for services in connection with claim under Workmen's Compensation Act, 159 A.L.R. 912.    Right of attorney to set off claim for unrelated services against client's claim for money collected, 173 A.L.R. 429.   Amount of attorney's compensation (in absence of contract or statute fixing amount), 56 A.L.R.2d 13; 57 A.L.R.3d 475; 58 A.L.R.3d 201; 59 A.L.R.3d 152, 17 A.L.R.5th 366.   Allowance of attorneys' fees as costs or damages in prohibition proceedings, 64 A.L.R.2d 1329.   Division of fees or compensation between cooperating attorneys, 73 A.L.R.2d 991.   Court rules limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 77 A.L.R.2d 411.   What constitutes acceptance or ratification of, or acquiescence in, services rendered by attorney so as to raise implied promise to pay reasonable value thereof, 78 A.L.R.2d 318.   Treatment of interest on judgment or award, in determining attorney's contingent fee, 82 A.L.R.2d 953.   Attorney's recovery in quantum meruit for legal services rendered under a contract which is illegal or void as against public policy, 100 A.L.R.2d 1378.   Right of attorney admitted in one state to recover compensation for services rendered in another state where he was not admitted to the bar, 11 A.L.R.3d 907.   Construction of contingent fee contract as regards compensation for services after judgment or on appeal, 13 A.L.R.3d 673.   Validity and effect of contract for attorney's compensation made after inception of attorney-client relationship, 13 A.L.R.3d 701.   Construction and application of attorney's fee provision (42 U.S.C. § 406(b)(1)) of federal Social Security Act, 22 A.L.R.3d 1081.   Attorney's right to compensation as affected by disbarment or suspension before complete performance, 24 A.L.R.3d 1193, 59 A.L.R.5th 693.   Time from which interest begins to run on fee or disbursements owed by client to attorney, 29 A.L.R.3d 824.   Attorney's death, prior to final adjudication or settlement of case, as affecting compensation under contingent fee contract, 33 A.L.R.3d 1374.   Attorneys' fees in class actions, 38 A.L.R.3d 1384.   Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.   Amount of attorneys' compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.   Amount of attorneys' fees in tort actions, 57 A.L.R.3d 584; 86 A.L.R. Fed. 866.   Amount of attorney's compensation in matters involving real estate, 58 A.L.R.3d 201.   Amount of attorney's compensation in proceedings involving wills and administration of decedents' estates, 58 A.L.R.3d 317.   Right of party who is an attorney and appears for himself to award of attorney's fees against opposing party as element of costs, 78 A.L.R.3d 1119.   Allowance of counsel fees in taxpayer's action in state court, 89 A.L.R.3d 690.   Attorneys at law: fee collection practices as ground for disciplinary action, 91 A.L.R.3d 583.   Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.   Validity, construction, and effect of contract providing for contingent fee to defendant's attorney, 9 A.L.R.4th 191.   Validity of statute establishing contingent fee scale for attorneys representing parties in medical malpractice actions, 12 A.L.R.4th 23.   Attorney's charging lien as including services rendered or disbursements made in other than instant action or proceeding, 23 A.L.R.4th 336.   Cost of services provided by paralegals or the like as compensable element of award in state court, 73 A.L.R.4th 938.   Recovery of attorneys' fees and costs of litigation incurred as result of breach of agreement not to sue, 9 A.L.R.5th 933.   Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.   Excessiveness or adequacy of attorney's fees in domestic relations, 17 A.L.R.5th 366.   Amount of attorney's fees in matters involving commercial and general business activities, 23 A.L.R.5th 241.   Circumstances under which attorney retains right to compensation notwithstanding voluntary withdrawal from case, 53 A.L.R.5th 287.   Court rules and rules of professional conduct limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 49 A.L.R.6th 505.