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In re Estate of Gillies11/14/2002 this case and consistent with Rule 1.5 and Mauck. In light of the previous agreement, the chancellor should have made a quantum meruit award based on a percentage fee.
. There is no sufficient legal basis for the chancellor's determination that a quantum meruit contract should not have been based on a percentage of the award in this case. The chancellor and the majority overlook the simple fact that all along the understanding was that the fees were to be calculated on a percentage basis and further, that all parties acquiesced in this arrangement via their actions.
. Accordingly, I respectfully dissent.
DIAZ, J., JOINS THIS OPINION.
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