ILNews

COA: Attorney must wait to collect fees

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed a trial court's ruling on when an attorney could receive his compensation under a contingency fee agreement, even though the attorney didn't submit a transcript of the bench trial detailing the trial court's findings.

In Thomas J. Herr v. Carter Lumber Inc., The Carter Jones Lumber Company, and Brian L. Oaks, No. 79A02-0803-CV-290, before ruling on the issue Thomas Herr was appealing - whether the trial court erred in ordering he receive compensation under a contingency fee agreement only after his former client, Carter Lumber, makes a recovery - the appellate court first had to determine whether the fact Herr didn't provide a transcript of the bench trial in his appeal warranted the court dismissing the appeal.

Relying on previous cases regarding this issue - Pabey v. Pastrick, 816 N.E.2d 1138, 1141-1142 (Ind. 2004) and In re Walker, 665 N.E.2d 586, 588 (Ind. 1996), the Court of Appeals ruled it would address the issue Herr raised.

Carter Lumber hired Herr to represent it in certain collection matters at the rate of $175 per hour plus reimbursement of any advanced costs, and other collection matters on the basis of a 25 percent contingent fee with the client to pay court costs.

At some point, Herr's representation was terminated and he filed a complaint against Carter Lumber seeking quantum meruit compensation, as measured by his normal fee of $185 per hour for all the work he did that hadn't been paid.

Because the contract between Herr and Carter Lumber didn't spell out what Herr's compensation would be in the event he was terminated, the trial court ruled the attorney would have to wait until funds are collected on behalf of the client to collect his fee.

Citing similar caselaw that dealt with a contingency fee agreement that didn't specify a termination clause, the appellate court determined Herr can't receive compensation for his attorney fees until Carter Lumber receives payment from collections.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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