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Keywords

attorneyappealtrialoverruledjury trial

contractattorneyappealtrialmotionjury trial

Related Cases

Lester v. Dawson, 327 S.C. 263, 491 S.E.2d 240

Facts

Attorney Ken Lester represented Client Dawson in a domestic matter, for which Dawson paid a $5000 retainer and $500 for costs. After terminating the representation, Dawson disputed Lester's final bill and did not pay. Lester filed an action against Dawson for the unpaid fees, and Dawson moved for a jury trial, which was denied by the circuit court. Dawson did not appeal this ruling, and the trial proceeded without a jury, resulting in a judgment in favor of Lester.

Attorney Ken Lester (“Attorney”) represented Client in a domestic matter. Client paid Attorney a $5000 retainer fee and also advanced $500 for costs. Client later terminated the representation, at which point Attorney sent his final bill for services. Client disputed the bill and did not pay it.

Issue

Did Dawson waive his right to appeal the denial of his request for a jury trial, and is an action for attorney fees under a fee agreement an action at law that entitles the parties to a jury trial?

Client makes two arguments on appeal: (1) that an action for attorneys' fees is an action in contract, and that, therefore, there is an absolute right to trial by jury in such an action; and (2) that the denial of his request for a jury trial violated the Equal Protection Clauses of the state and federal constitutions.

Rule

The failure to timely appeal an order affecting the mode of trial constitutes a waiver of the right to appeal that issue. Generally, an action for the recovery of attorney fees under a fee agreement is treated as an action at law, giving rise to the right to a jury trial.

The failure to timely appeal an order affecting the mode of trial effects a waiver of the right to appeal that issue.

Analysis

The court determined that Dawson's failure to appeal the pretrial order denying his request for a jury trial barred him from raising that issue on appeal. However, the court also clarified that actions for the recovery of attorney fees are typically considered actions at law, thus entitling the parties to a jury trial. This ruling overruled the previous case of Stevens, which had classified such actions as equitable.

Conclusion

The South Carolina Supreme Court affirmed the circuit court's judgment in favor of Attorney Ken Lester, holding that Dawson waived his right to appeal the jury trial issue and clarifying the legal classification of attorney fee recovery actions.

Because Client did not timely appeal the denial of his motion for jury trial, the decision of the circuit court is AFFIRMED IN RESULT.

Who won?

Attorney Ken Lester prevailed in the case because the court found that Dawson's failure to timely appeal the denial of a jury trial barred his arguments, and the court clarified the legal nature of attorney fee recovery actions.

Attorney Ken Lester (“Attorney”) represented Client in a domestic matter. Client paid Attorney a $5000 retainer fee and also advanced $500 for costs.

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