subject: Quantum Merit [print this page] Quantum Merit (sometimes named Meruit) is not a sub-atomic quality, it means having a right to get paid for the work you did, even when the work wasn't specifically identified in a contract. Quantum Merit means a claim of one's right to get paid. It can be used as an argument in a lawsuit pleading, when there is no contract for the work that was done. My articles are my opinions and are not, legal advice. I am a judgment broker, and not an attorney. If you ever need a strategy to use or legal advice, you should contact a lawyer.
An quantum merit example situation would be when you mow someone's front lawn for four weeks, and the home occupant benefits, knows about, and accepts that it got mowed, and thereby should understand that it is not getting mowed for free.
Some contingency collection lawyers, even when they don't place the phrase "quantum merit" in their retainer contracts, include provisions which state they have a right to get paid for their time and expenses so far, in the situation when their client suddenly fires them. Quantum merit clauses are more commonly used by small collection companies, and by lawyers in solo practices. They are placed in contracts, in situations where an attorney puts in (e.g.) 200 hours and some money into a judgment recovery case, only to have the creditor then say: "return my judgment back immediately". A quantum merit contact clause states the lawyer can charge for any work they already did.
Certain attorneys use quantum merit provisions, especially after some experiences, investing hundreds or thousands of hours on large and complicated judgment collection cases; just to have original judgment creditors fire them, and then use the information the lawyer found to attempt to recover the judgment themselves, or choose another attorney, after the heavy lifting has been done.
When there's a quantum merit-style provision in your attorney's retainer agreement, you may owe the lawyer some money, because such provisions mean a contingency attorney can be paid for the work they did, if you choose to fire them.
Quantum merit provisions may not be legal nationwide, because they may be considered a contradiction of terms. If it's not defined in a contract, it shouldn't be charged, is the way it is in some states and courts. When you have a collection agency recover your judgment, quantum merit clauses are really rare, even if their attorneys are working on contingency to collect the judgment.
Not every contingency recovery lawyer has quantum merit contract provisions. You can choose not to sign their retainer, or try to negotiate a few of the terms on it. Fair quantum merit provisions state when a lawyer is suddenly fired, they get paid for only work they have done. While it is specific for Texas, an informative PDF article on the subject is at: http://www.jtexconsumerlaw.com/V10N1/V10N1Attorneys.pdf
