## Facts

- Connie Daniel Cole retained Culpepper & Carroll, PLLC to contest his mother’s will.
- The parties agreed to a one-third contingency fee, confirmed in writing as one-third “of whatever additional property or money” obtained for Cole.
- Before any suit was filed, negotiations produced a proposed compromise that would have provided Cole property valued $21,600.03 above what he would receive under the will.
- The firm advised Cole to accept the compromise; Cole refused and wanted to pursue greater relief as a forced heir.
- When the firm declined to file suit, Cole terminated the representation.
- Cole later proceeded pro se in the succession dispute and ultimately recovered nothing.

## Issues

1. Whether an attorney retained on a one-third contingency fee may recover the contract percentage based on a negotiated but unaccepted settlement offer when the client ultimately obtains no recovery.
2. Whether the client’s refusal to settle and termination of counsel permits the attorney to collect the full contingent fee under an “open account” theory rather than quantum meruit.

## Decision

- The Louisiana Supreme Court reversed the judgments of the city court and court of appeal.
- The court held the firm was not entitled to recover the one-third contingent fee based on the rejected settlement offer because the contingency (actual recovery) never occurred.
- The court set aside the open-account award of $6,950.01, along with interest and the additional attorney’s fee award.

## Legal Principles

- A contingent fee is owed only upon the occurrence of the specified contingency—typically a successful recovery producing an actual benefit to the client.
- Recasting a contingency-fee dispute as an “open account” claim does not change the substantive nature of the fee agreement or make the contingent percentage automatically due.
- A client may reject a settlement offer and discharge counsel; exercising those rights does not, by itself, make the full contingent fee payable when no recovery is obtained.
- When contingency-fee counsel is discharged without cause before the contingency occurs, the attorney’s compensation is generally limited to quantum meruit for the reasonable value of services actually rendered, not the contract percentage.

## Conclusion

Because Cole never obtained any additional property or money and did not accept the negotiated compromise, the contingent event did not occur, so the firm could not collect the one-third fee as a fixed debt; the open-account judgment awarding the contingent percentage and related fees and interest was therefore reversed and set aside.


Culpepper & Carroll, PLLC v. Cole, 929 So. 2d 1224 (La. 2006)