1. What is “assumpsit” and when is it proper? 2%
2. Give 4 instances when a client may validly refuse to pay his lawyer the full amount of attorney’s fees stipulated in their written contract. 4%
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- acquiescence (1)
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1 comment:
XII.
1.
Assumpsit refers to an undertaking, either express or implied, to perform a parol agreement.
2.
Four instances when a client may validly refuse to pay his lawyer the full amount of attorney’s fees stipulated in their written contract are as follows:
a. When the stipulated fees are found unconscionable or unreasonable by the court;
b. When the contract for attorney’s fees is void due to purely formal matters or defects of execution;
c. When the counsel, for justifiable cause, was not able to finish the case to its conclusion;
d. When lawyer and client disregard the contract for attorney’s fees.
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