Monday, May 18, 2020

A Third

The Delaware Superior Court affirmed a Court of Chancery decision finding in favor of a defendant law firm in a contingency fee dispute

Appellant had been involved in a multi-vehicle accident. Appellant eventually retained the law firm of Pratcher Krayer, LLC to represent him in a claim against one of the other drivers. Appellant exhausted his PIP benefits (including some loss of wages benefits) under his own insurance policy, Travelers Insurance (“Travelers”). The retainer agreement that Appellant signed provided for the firm to represent him against the other driver, who was represented by GEICO Insurance (“GEICO”). The retainer agreement stated that the attorney’s fee would be one-third of Appellant’s total award.  A mediation was held and GEICO, that day, offered a settlement of $60,000. Appellee explained the settlement offer and the approximate sum of money that Appellant would receive after payment of the attorney’s fee, expenses, etc. Thereupon, Appellant signed the settlement agreement. Shortly thereafter, GEICO sent a $60,000 check and a release to Appellee’s office. However, Appellant refused to sign the release because he believed that he was owed additional lost wages (which he calculated to be $25,000), that $25,000 should first be given to him from the settlement, and that Appellee’s one-third fee should be determined from the remainder. As such, Appellant contended that Appellee was only entitled to one-third of $35,000. Appellant sued the law firm in the Court of Common Pleas. The Court of Common Pleas decided in favor of the law firm, finding that Appellant did not meet his burden of proof. Appellant now appeals that judgment.

The appeal

In his Notice of Appeal, Appellant contends that he did not receive a fair and just trial, Attorney Pratcher fabricated stories and manipulated Appellant’s subpoenaed witness, and Appellant was denied his out-of-work wages of $25,000 that was agreed upon by Appellee.

Result

Appellant appears to argue that the Court of Common Pleas’ decision is contrary to the evidence and should be reversed. Appellant also asserts that the decision should be reversed because his attorney-client privilege was violated, Attorney Pratcher manipulated Appellant’s witness, and Appellant was denied his rights to appeal the settlement agreement or to sue the other driver.

A careful review of the record and the parties’ submissions reflect that the Court of Common Pleas’ factual findings are supported by the record and are the product of an orderly and logical reasoning process. Additionally, it did not commit legal error in holding that Appellant did not meet his burden of proof.

The Court of Common Pleas held that Appellee was entitled to one-third of the entire settlement agreement amount of $60,000. It made this finding after reviewing all of the  Appellee was entitled to one-third of the total settlement amount...

While it is understandable that Appellant would like to receive more money for his loss of wages, Appellant did not prove his case.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/05/the-delaware-superior-court-affirmed-a-court-of-chancery-decision-finding-in-favor-of-a-defendant-law-firm-in-a-contingency-f.html

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