Measure of Compensation

Generally, the amount of attorney's fees due is that stipulated in the written retainer agreement.

Quantum meruit means as much as a lawyer deserves. It is a device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it.

Court will fix the amount on quantum meruit basis: p.415 Factors taken into account for quantum meruit basis. p.417

Time. Length of employment which runs for years is significant. The longer the work entailed and the lesser the opportunity for other profitable retainers. Time devoted for study and research must also be considered... p.419

It is a recognized rule that a lawyer may properly charge a higher fee for his services when the fee is contingent than when it is absolute. A lawyer whose fees is absolute assumes the risk of getting paid for his services. p.424

Statutory limitation as to fees. Article 111 of Labor Code