See also In re Straitz' Estate, 147 So.2d 172 (Fla. 2d DCA 1962) (interest attending award of attorney's fees commences from date of attorney's discharge). More recently, in Rood v. McMakin, 538 So.2d 125 (Fla. 2d DCA 1989), another Florida District Court determined that prejudgment interest on a quantum meruit recovery of fees by an attorney against his ex-associates began accruing on the date that his associates received the lump sum fees, as that was the point the contingency based funds were reduced to a specific amount. Alternatively, a Florida appellate court ruled that prejudgment interest on quantum meruit fees awarded an architect for services rendered on a project cancelled in midstream commenced from the date of the plaintiff's claim of lien.
The firm urged the district court to recede from its prior decisions which hold that the Rowe "lodestar" method must be used to determine attorney fees recoverable under a quantum meruit theory. See Rood v. McMakin, 538 So.2d 125 (Fla.2d DCA 1989); Riesgo v. Weinstein, 523 So.2d 752 (Fla.2d DCA 1988); see also Barton v. McGovern, 504 So.2d 457 (Fla. 1st DCA 1987) (in determining the quantum meruit recovery to be awarded an attorney discharged without cause before conclusion of case the court must utilize the criteria set forth in Rowe); Boyette v. Martha White Foods, Inc., 528 So.2d 539 (Fla. 1st DCA), review denied, 538 So.2d 1255 (Fla. 1988) ( Rowe lodestar method, without contingency risk multiplier, should be applied to determine discharged attorney's quantum meruit recovery). Relying on its prior decisions in Rood and Riesgo, the district court affirmed the trial court's calculation of the award.
Some courts held that the Rowe method should be used to determine quantum meruit for discharged lawyers. Rood v. McMakin, 538 So.2d 125 (Fla. 2d DCA 1989); Riesgo v. Weinstein, 523 So.2d 752 (Fla. 2d DCA 1988); Barton v. McGovern, 504 So.2d 457 (Fla. 1st DCA 1987) (in fixing quantum meruit recovery to be awarded attorney discharged without cause before conclusion of case court must use Rowe criteria); Boyette v. Martha White Foods, Inc., 528 So.2d 539 (Fla. 1st DCA), review denied, 538 So.2d 1255 (Fla. 1988) ( Rowe method, without contingency risk multiplier, should be applied to determine discharged attorney's quantum meruit recovery). Other courts, including this one, held that the Rowe formula is inapplicable to a lawyer's claims for fees directly from the client.
In this dispute over how the fee of a lawyer, first retained under a contingent fee contract, then discharged, should be calculated on a quantum meruit basis, we affirm the trial court. See Rood v. McMakin, 538 So.2d 125 (Fla. 2d DCA 1989); Riesgo v. Weinstein, 523 So.2d 752 (Fla. 2d DCA 1988). We certify conflict with Stabinski, Funt De Oliveira, P.A. v. Law Offices of Frank H. Alvarez, 490 So.2d 159 (Fla. 3d DCA), review denied, 500 So.2d 545 (Fla. 1986), and Faro v. Romani, 629 So.2d 872 (Fla. 4th DCA 1993).