This section contains the nature of the case and procedural background.

Levin (D) hired Rosenberg (P) to perform legal services which provided for a $10,000 fixed fee plus a contingent fee equal to 50% of all amounts recovered in excess of $600,000. D discharged P before the legal matter was resolved and D subsequently settled the matter for a net recovery of $500,000. P sued on quantum meruit. The trial court awarded P $55,000. The district court lowered the amount awarded to $10,000 stating that the recovery could not exceed the amount, which P would have received under their contract if not prematurely discharged.

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