A lawyer is about to accept a case on contingency. It will require much work and cash to prosecute. The client can choose to settle or not for any amount or insist on going to trial, overriding the lawyer's advice ("take the offer" "reject it"). The client can even decide to walk away from the case. Can the lawyer protect herself?
Two courts (at least, from Florida and Alasks, see below) have rejected provisions in a retainer agreement that say that if the client accepts a settlement against the lawyer's advice and the lawyer's contingent fee on the settlement amount is less than her time multiplied by her hourly rate, the client must pay the time charges, which can of course take much or all of the settlement. This provision is said to interfere with the client's absolute right to settle, which it certainly could.