Q&A: What is the legal definition of substantial performance?
Question by Bethanne M: What is the legal definition of substantial performance?
My prospective lawyer added a clause in the contract that the clients have the right to terminate at any time if the firm has not substantially performed. My understnding is, if I do not like how the case is progressing I can fire him. Understanding that I will have to compensate him for time spent. Is my understanding correct or will I have to “prove substantial performance” prior to firing him and is this his way of making me feel as if I can terminate him but in fact it is much harder?
Best answer:
Answer by MLaw
You have an absolute right to terminate legal representation at any time for any reason. That clause of the retainer agreement relates to payment. If they have substantially performed what they were retained to do, you will owe them whatever fee you agreed to pay. The word “substantial,” is inserted to prevent someone from refusing to pay because of some last minute detail that remains undone when the client has terminated.
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