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Oral findings allowed in attorney fee case

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A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled. The appellate court also affirmed the trial court's award of fees based on quantum meruit rather than a contingency fee agreement with the client.
 
The Nunn Law Office had originally represented Joseph Carpenter in a personal injury action and had an agreement that Nunn would represent him for any of his claims arising out of the motorcycle accident for "40 percent of all amounts recovered or offered." An insurance company attempted to settle, but Carpenter rejected it. Nunn initiated a lawsuit on Carpenter's behalf, but two months later, Carpenter discharged the law firm and hired Peter H. Rosenthal to represent him. Carpenter settled his case for $42,500.

After learning of the settlement, Nunn moved to determine the proper division of attorney fees. The trial court orally calculated a judgment in favor of Nunn for $1,462.88 based upon quantum meruit for Nunn's work on the case.

Ruling on a motion for special findings of fact and conclusions of law filed by Nunn, the trial court entered a judgment for the same amount in favor of Nunn without entering written findings and conclusions.

The issues in Nunn Law Office v. Peter H. Rosenthal, No. 49A05-0809-CV-523, were whether the trial court erred as a matter of law by not issuing written findings and conclusions, and whether quantum meruit or the contingency agreement in Carpenter's contract with Nunn should determine the amount of attorney fees owed to Nunn.

An Indiana Supreme Court ruling suggested that the preferred format for findings and conclusions is in the written form, but the trial court's failure to issue written findings and conclusions doesn't constitute reversible error, wrote Judge Cale Bradford. The plain language of T.R. 52(A) doesn't require the findings and conclusions to be in writing and the purpose of the rule is to provide parties and reviewing courts with the theory upon which the trial judge decided the case.

The Court of Appeals concluded oral findings and conclusions can achieve this purpose as long as they are thoroughly detailed in the record. It also ruled the basis for the $1,462.88 judgment was apparent from the trial court's oral explanation in the record. In addition, any error in the trial court's failure to justify its use of quantum meruit as the proper measure for calculating the attorney fees was a harmless one given the appellate court's conclusion it was the only proper measure for fee determination in the instant case.

Carpenter's fee agreement with Nunn expressly provided for compensation upon discharge, but was silent regarding Nunn's compensation upon pre-contingency discharge. While the 40 percent provision arguably permits payment of fees based upon settlements offered, recovered or not, a latter "no recovery, no fee" provision expressly states to the contrary that fees are not payable unless a recovery is obtained, wrote Judge Bradford.

In the absence of an applicable contractual provision, an attorney employed under a contingent fee contract and discharged before the occurrence of the contingency is limited to quantum meruit recovery for the reasonable value of services rendered, wrote the judge.

Finally, the appellate court affirmed the amount of attorney fees to Nunn based on Nunn's relatively minimal investment of time in Carpenter's case and Rosenthal's success in getting a larger settlement.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

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  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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