In the Matter of the Estate of James H. Montgomery, Deceased. Marguerite Montgomery, as Executrix of James H…

Summary

The Court affirmed the Surrogate’s order, holding that when a client voluntarily discharges an attorney the contract is terminated and the attorney may recover the fair and reasonable value of services rendered on a quantum meruit basis without limitation by the contract price. The Court reasoned that the client’s right to discharge at any time is an implied term of the retainer and that the contract price may be considered only as a guide, not a ceiling.