Page:United States Statutes at Large Volume 76A.djvu/172

–76– -76§ 573. Authority An attorney may: (1) bind his client in any of the steps of an action or proceeding by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise; and (2) receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, discharge the claim or acknowledge satisfaction of the judgment. § 574. Change of attorney; consent; contingent fee cases (a) The attorney in an action or special proceeding may be changed before or after judgment or final determination: (1) upon consent of both client and attorney, filed with the clerk, or entered upon the minutes; or (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other. (b) When, under paragraph (2) of subsection (a) of this section, an attorney is changed in a civil case in which the fee or compensation of the attorney is contingent upon the recovery of money, the court shall determine the amount and terms of payment of the fee or compensation to be paid by the party. § 575. Notice of change When an attorney is changed, as provided in section 574 of this title, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party. Until then, he shall recognize the former attorney. § 576. Death or removal of attorney When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person. § 577. Reasonable compensation; contract for services An attorney is not entitled to have and recover from his client more than a reasonable compensation for the services rendered, having in view the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. In such cases the court is not bound by the opinion of attorneys as expert witnesses as to the proper compensation, and may disregard the testimony and base its conclusion on its own professional knowledge. A written contract for services controls the amount of recovery if found by the court not to be unconscionable or unreasonable.

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