Crockett & Brown, PA v. Wilson

901 S.W.2d 826, 321 Ark. 150
CourtSupreme Court of Arkansas
DecidedJune 19, 1995
Docket94-1307
StatusPublished

This text of 901 S.W.2d 826 (Crockett & Brown, PA v. Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crockett & Brown, PA v. Wilson, 901 S.W.2d 826, 321 Ark. 150 (Ark. 1995).

Opinion

901 S.W.2d 826 (1995)
321 Ark. 150

CROCKETT & BROWN, P.A. and C. Richard Crockett, Appellants,
v.
William R. WILSON, Jr., Gary D. Corum, and John R. Byrd, Appellees.

No. 94-1307.

Supreme Court of Arkansas.

June 19, 1995.

*827 John P. Gill, C. Richard Crockett, Little Rock, for appellants.

Gary D. Corum, Little Rock, for appellees.

GLAZE, Justice.

Crockett & Brown, P.A. (C & B) brings its third appeal concerning issues surrounding its efforts to recover attorney's fees in connection with its representation of Richard Courson in a negligence suit filed against Thomas Averette, who had shot Courson in the eye with a shotgun. See Crockett & Brown, P.A. v. Courson, 312 Ark. 363, 849 S.W.2d 938 (1993) (C & B I); Crockett & Brown P.A. v. Wilson, 314 Ark. 578, 864 S.W.2d 244 (1993) (C & B II).

In C & B I, this court affirmed the Ashley Circuit Court's decision that, under C & B's and Courson's original July 5, 1989 employment contract, C & B was entitled to the reasonable value for its services to the date of discharge even though Courson had terminated C & B for cause before a final settlement had been obtained. The court further held, however, that C & B was not entitled to the statutory lien under Ark.Code Ann. §§ 16-22-301-304 (Supp.1991) because that lien provision applied only where an attorney was terminated without cause. Id., 312 Ark. 377A, 849 S.W.2d 938. The court also upheld as reasonable the Ashley Circuit Court's award of attorney's fees and costs in the sum of $17,541.29.

C & B II resulted from a second lawsuit filed by C & B against Courson in the Pulaski Chancery Court. This second suit was filed after C & B appealed the Ashley Circuit Court's decision in C & B I. C & B based this subsequent suit upon the theory that it was entitled to $100,000 in attorney's fees *828 from Courson based upon a one-third contingency employment contract Courson purportedly agreed to after, and in substitute of, the parties' original agreement. Because Courson eventually obtained a $300,000 settlement, C & B claimed entitlement to one-third of it plus an attorney's lien in the same amount pursuant to Ark.Code Ann. § 16-22-301 (Supp.1991). In this Pulaski County suit, C & B joined as defendants Courson's new attorneys, Wilson, Corum and Brown (Wilson), Averette and Averette's insurer, Allstate Insurance Company. In C & B II, this court upheld the Pulaski Chancery Court's ruling that C & B's second suit was barred by res judicata and collateral estoppel. In sum, the court held that C & B could not relitigate its fee since that issue already had been decided in the Ashley Circuit Court case.

After this court's decision in C & B II, the Pulaski Chancery Court imposed ARCP Rule 11 sanctions against C & B and its attorney, C. Richard Crockett, in the sum of $15,000. In imposing sanctions, the chancery court found, contrary to C & B's contention, the Ashley Circuit Court's adjudication of the attorney's fee issue was a final one when C & B filed its Pulaski County action. The chancellor also found that it was unreasonable for C & B to believe it could seek fees under the parties' July 5 contract and its purported amended or substituted contract in separate actions. She pointed out that either the original contract was enforceable because it had not been replaced by the amended version or the amended contract was valid since it had replaced the July 5 contract. In addition, the chancellor found that, contrary to C & B's suggestion, the Ashley Circuit Court was well aware of, and considered, the final $300,000 settlement entered into by Courson and Averette when the court awarded attorney's fees, and C & B had acknowledged it could have enforced its contract rights against the new defendant attorneys in the Ashley County case.

C & B first argues that the chancery court abused its discretion by imposing Rule 11 sanctions. Under Rule 11, an attorney signing a pleading, motion, or other paper on behalf of a party constitutes a certificate that (1) the attorney made a reasonable inquiry into the facts supporting the document or pleading, (2) he or she made a reasonable inquiry into the law supporting that document to ensure that it is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (3) the attorney did not interpose the document for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation. Ward v. Dapper Dan Cleaners & Laundry, Inc., 309 Ark. 192, 828 S.W.2d 833 (1992). When a violation of Rule 11 occurs, the Rule makes sanctions mandatory. Id. Whether a violation occurred is a matter for the court to determine, and this determination involves matters of judgment and degree, and in reviewing a trial court's Rule 11 determination, we do so under an abuse of discretion standard. Id.; see also Miller v. Leathers, 311 Ark. 372, 843 S.W.2d 850 (1992); Miles v. Southern, 297 Ark. 280-A, 763 S.W.2d 656 (1989) (supplemental opinion denying rehearing).

C & B contends the facts alleged in its complaint filed in the Pulaski County action were true and the record is devoid of any indication that C & B failed to make a reasonable inquiry into the law. C & B asserts that, before filing the Pulaski County complaint, it made an exhaustive research of the law, and based upon that research, C & B's Pulaski County action was appropriate. Wilson rejoins, stating C & B relied upon a "tortured" interpretation of statutory and appellate law in an effort to explain why C & B was justified in "relitigating" the same claim in the Pulaski County action that had already been litigated in Ashley Circuit Court. In sum, Wilson urges that C & B's Pulaski Chancery Court action involved the identical cause of action earlier decided by the Ashley Circuit Court, and therefore, the second lawsuit violated the fundamental principles of finality and issue preclusion.

In fact, this court held in Crockett & Brown, P.A. v. Wilson, 314 Ark. 578, 864 S.W.2d 244, that C & B was precluded by res judicata and collateral estoppel in its Pulaski County action from obtaining a fee pursuant to §§ 16-22-301 to XX-XX-XXX because the *829 Ashley Circuit Court previously resolved those issues involving C & B's quest for fees. Even so, Rule 11 is not intended to permit sanctions just because the court later decides that the lawyer was wrong. Rachel v. Banana Republic, Inc., 831 F.2d 1503 (9th Cir. 1987).

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Bluebook (online)
901 S.W.2d 826, 321 Ark. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crockett-brown-pa-v-wilson-ark-1995.