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Quantum Merit (sometimes spelled Meruit) is not an atomic rating, it means having the right to get paid for the work you did, even if that work wasn't specifically identified within a contract. Quantum Merit is a claim of one's right to be paid. It can be used as an argument pleading in a lawsuit, if there's no specific contract describing the work which was performed. This article is my opinion and is not, legal advice. I am a judgment broker, and not an attorney. If you ever need a strategy to use or legal advice, please contact a lawyer. An quantum merit example case would be when you mow someone's lawn for a month, and the homeowner knows about, benefits, and accepts that it is getting mowed, and thereby are expected to understand that it is not getting mowed for free. Certain contingency collection lawyers, even if they don't place the words "quantum merit" in their retainer agreements, include provisions that state they have a right to get paid for their time and expenses so far, in the case where their client fires them suddenly. Quantum merit provisions are more commonly used by smaller recovery agencies, and by attorneys having sole practices. They are put in place, in situations where an attorney puts in (e.g.) 200 hours and some cash into a judgment collection situation, only to have the creditor then say: "give my judgment back immediately". A quantum merit contact provision states the attorney may charge for the work they already did. Certain lawyers have quantum merit provisions, particularly after some experiences, investing massive hours on big and complex judgment recovery cases; just to have original judgment creditors fire them, and afterwards use the information the attorney found to attempt to recover the judgment themselves, or pick another attorney, after the heavy lifting has been done. When there's a quantum merit-style clause in your lawyer's retainer contract, you might owe your lawyer some money, as such provisions mean a contingency lawyer can get paid for the work they did, if you decide to fire them. Quantum merit clauses may not be legal in every state, as they may be considered a contradiction of terms. When it's not defined in a contract, it should not be charged, is the way it is in some courts and states. When you have a collection agency collect your judgment, quantum merit provisions are really rare, even if their attorneys are working on contingency to recover your judgment. Not every contingency collection lawyer has quantum merit contract clauses. Of course, you are free to not sign their retainer, or attempt to negotiate a few of the terms on it. The fairest quantum merit clauses state if an attorney is fired, they get paid only for work they did. While specific to Texas, an informative PDF article on the topic is at: http://www.jtexconsumerlaw.com/V10N1/V10N1Attorneys.pdf http://www.JudgmentBuy.com - Judgment Recovery. The free, easiest, best and fastest way to recover your judgment cash nationwide for 33% or less, international for 50%. Mark D. Shapiro - Why assign your judgment?
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