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Keywords

contractsettlementattorneytrialprobatedeclaratory judgment

contractsettlementattorneytrialprobate

Related Cases

Harrill & Sutter, PLLC v. Kosin, 2011 Ark. 51, 378 S.W.3d 135

Facts

Cynthia Kosin engaged Harrill & Sutter to represent her in probate matters following her husband's death. After expressing dissatisfaction with the firm's communication and actions, Kosin discharged them for cause. The firm then sought to enforce a lien for attorney's fees, leading to a declaratory judgment action. The trial court found that Kosin had valid reasons for her discharge and awarded Harrill a fee based on quantum meruit.

Issue

Did the trial court err in finding that Kosin discharged Harrill for cause and in determining the appropriate fee based on quantum meruit?

Rule

An attorney-client contract implies that a client may discharge an attorney with or without cause. If discharged for cause, the attorney is entitled to compensation based on quantum meruit rather than the original fee agreement.

Analysis

The court evaluated the evidence presented, including Kosin's reasons for dissatisfaction with Harrill's representation. It found that the firm failed to communicate significant information regarding settlement offers and acted in a manner that was detrimental to Kosin's interests. As a result, the court upheld the finding that Kosin discharged Harrill for cause and that the fee should be calculated based on the reasonable value of services rendered.

Conclusion

The Supreme Court affirmed the trial court's ruling that Kosin discharged Harrill for cause and upheld the quantum meruit fee of $55,775.44. However, it reversed the trial court's denial of attorney's fees to Kosin, remanding for further findings.

The Supreme Court affirmed the trial court's ruling that Kosin discharged Harrill for cause and upheld the quantum meruit fee of $55,775.44.

Who won?

Cynthia Kosin prevailed in the case as the court found her discharge of Harrill was justified, and she was entitled to attorney's fees.

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Keywords

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