Quantum Meruit Expenses

Quantum Merit (sometimes spelled Meruit) is not an atomic rating, it means to have a right to get paid for the work one does, even if the work wasn't specifically mentioned within a contract. Quantum Merit is a claim of someone's right to be paid. This can be used as an argument in a lawsuit pleading, when there is no specific contract describing the work which was performed. My articles are my opinions and are not, legal advice. I am a judgment referral expert, and not an attorney. If you ever need legal advice or a strategy to use, you should contact an attorney.

An quantum merit example case would be if you mow someone's lawn for a month, and the homeowner benefits, knows about, and accepts that it is getting mowed, so they are expected to understand that it is not getting mowed for free.

Certain contingency collection lawyers, even when they do not place the words "quantum merit" in their retainer contracts, include clauses which state they have a right to get paid for their time and expenses so far, in the situation when their client fires them suddenly. Quantum merit provisions are usually used by small collection agencies, and by attorneys having sole practices. They are placed in contracts, in situations where a lawyer invests (e.g.) 200 hours and some money into the judgment collection situation, only to have the original judgment owner then say: "return my judgment back to me right now". A quantum merit contact provision specifies the lawyer can charge for any work they already did.

Certain lawyers have quantum merit provisions, particularly after a few experiences, working hundreds or thousands of hours on large and complex judgment collection cases; only to have clients fire them, and afterwards use the info the attorney discovered to try to collect the judgment themselves, or choose another attorney, after the heavy lifting has been done.

If there's a quantum merit-style clause in your attorney's retainer agreement, you might owe your attorney some money, because such clauses mean a contingency attorney will get paid for the work they did, when you decide to fire them.

Quantum merit clauses might not be allowed nationwide, because they may be considered a contradiction of terms. When it is not specified in a contract, it should not be charged, is the way it is in many states and courts. When one has a collection agency recover your judgment, quantum merit clauses are very rare, even if their attorneys are working on contingency to collect the judgment.

Not every contingency collection lawyer has quantum merit contract clauses. Of course, you are free to not sign their retainer, or attempt to negotiate some of the terms on it. The fairest quantum merit clauses specify when an attorney is suddenly fired, they are paid for only work they did. While it is specific for Texas, a good PDF article on the topic is at: http://www.jtexconsumerlaw.com/V10N1/V10N1Attorneys.pdf

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