In addition, the arbitrator found that the termination clause of the fee agreement required Tschirgi to pay Hollander and Associates for all services provided until termination. In addition to the hourly fees for the services, the termination clause allowed the registry to obtain a proportional share of a possible recovery by a new lawyer. The arbitrator also noted that the resignation clause of the Dasant contingency agreement contained a similar provision. The resignation clause allowed the Dutch company to obtain immediate payment for all services and a percentage of the recovery made by a new lawyer. The arbitrator concluded that the success fee agreement provided for the collection of excessive fees and penalized Tschirgi for exercising his right to terminate Hollander`s services. Hollander objected to the arbitrator finding that the termination and termination clauses of the dastgelt agreement violated Rule 4-1.5(A). Hollander argues that the contingency fee agreement as a whole must comply with the Florida bar rules of the professional conduct company and that the termination of services clause was not intended to allow the firm to collect both the hourly rate and a proportionate fee for a recovery by a new attorney. He also argues that the clause should allow a court of law to obtain a quantum-meruit value to the company`s services and that the termination clause was not intended to allow excessive recovery. Finally, Hollander claims that he was not guilty of any ethical violations, since neither the termination nor the resignation clause was ever imposed by his cabinet. Before agreeing, the potential client, on a possible fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not part of the contract between you and your attorney, but as a potential client, you should be aware of these rights: the arbitrator found Hollander guilty of violating the following rules: Florida Bar 4-1.5(A) regulatory rules (an attorney cannot enter into any agreement on clearly excessive fees, calculate or collect; 4-8.4 (a) (a lawyer must not violate professional rules); and 4-8.4 (c) (a lawyer may not participate in conduct involving dishonesty, fraud, deception or misrepresentation).
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