PALE Reviewer
PALE Reviewer
5. Quatum Meruit:
Canon 20 – A Lawyer shall charge only fair and reasonable fees.
Rule 20.01. – A Lawyer shall be guided by the following in determining his fees:
1. The time spend and extent of the services rendered or required;
2. The novelty and difficulty of the questions involved;
3. The importance of the subject matter;
4. The skill demanded;
5. The probability of losing other employment as a result of acceptance of the proffered
case;
6. The customary charges for similar services and the schedule of of fees of the IBP chapter
to which he belongs;
7. The amount involved in the controversy and the benefits resulting to the cloent from the
service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether occasional or establish; and
10. The Professional standing of the lawyer.
To avoid unjust enrichment to a party resulting out of a substantially perform contract, the
principle of quantum meruit may be used to determine his compensation in the absence of a
written agreement for that purpose. The principle of quantum meruit justifies the payment of the
reasonable value of the services rendered by him. (International Hotel Corp. vs Joaquin, G.R. No.
158361, April 10, 2013)
Means “as much as he deserves”, and is used as the basis for determining the lawyer’s
professional fees in the absence of a contract, but recoverable by him from his client.
Quantum Meruit is resorted where:
1. There is no express contract for payment of attorney’s fees agreed upon between the
lawyer and the client;
2. When although there is a formal contract for attorney’s fees, the stipulated fees are found
unconscionable or unreasonable by the court;
3. When the contract for attorney’s fees is vid due to purely formal matters or defects of
execution;
4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion;
5. When lawyer and client disregard the contract for attorney’s fees.
Skill or length of practice is not a safe criterion of professional ability.
6. Liabilities of Lawyers