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Joy Salmon Case Summary

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2. Procedural History: Arkansas Supreme Court agreed with Virgina Atkinson. The Arkansas Supreme Court stated a client enters into a contingent free contract with an attorney, that a client would be required to still have to pay the attorney if the attorney was later let go/fired. The Arkansas Supreme Court also acknowledge Joy Salmon entered and signed a contingent free contract. 3. Facts: Joy Salmon was seeking damages for George Brown who she cared for while as a nurse and his estate. Joy Salmon hired Virgina Atkinson as her lawyer in this case. Joy Salmon entered a contingency contract with her lawyer Virgina Atkinson. This contract stated if Joy Salmons case for Geroge Brown's damages did not end in her favor she was not obligated to pay attorney fees to Virgina Atkinson however if the case was in favor of Joy Salmon she was required to Virginia Atkinson for her services. Attorney Virgina Atkinson billed Joy Salmon approximately $7200 for her services and Joy Salmon refused to pay the bill for Virginia Atkinson's services as an attorney. Virgina Atkinson was billing Joy Salmon $150 a hour for approximately forty eight hours of service to the case. Virginia Atkinson filed a lawsuit against Joy …show more content…

The New York rule states a discharged lawyer's cause of action can begin soon after they are discharged and is not dependent on whether the client's case was in their favor. The Arkansas Supreme Court followed the New York rule for the reason when the client terminated the contingent fee contract by discharging an attorney the contract ceases to exist and the contingency term of the attorney not being paid for a loss of a lawsuit. The Arkansas Supreme Court also used the New York rule base on the court believing forcing an attorney to wait on the occurrence of the contingency is unfair in the it will go beyond the

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