Deutsch, Kerrigan & Stiles v. Fagan

665 So. 2d 1316, 1995 WL 743594
CourtLouisiana Court of Appeal
DecidedDecember 15, 1995
Docket95 CA 0811, 95 CA 0812
StatusPublished
Cited by10 cases

This text of 665 So. 2d 1316 (Deutsch, Kerrigan & Stiles v. Fagan) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deutsch, Kerrigan & Stiles v. Fagan, 665 So. 2d 1316, 1995 WL 743594 (La. Ct. App. 1995).

Opinion

665 So.2d 1316 (1995)

DEUTSCH, KERRIGAN & STILES
v.
Ralph FAGAN, et al.
DEUTSCH, KERRIGAN & STILES
v.
Ralph G. FAGAN.

Nos. 95 CA 0811, 95 CA 0812.

Court of Appeal of Louisiana, First Circuit.

December 15, 1995.
Writ Denied March 15, 1996.

*1318 Daniel A. Smith, David C. Treen, New Orleans, for Appellee, Deutsch, Kerrigan & Stiles.

Stephen E. Caillouet, Thibodaux, for Appellants, Ralph Fagan, et al.

Before LOTTINGER, C.J., and GONZALES and FITZSIMMONS, JJ.

GONZALES, Judge.

This appeal involves two consolidated cases in which the law firm of Deutsch, Kerrigan, and Stiles was granted judgments in its favor for the payment of attorney fees for services rendered to Ralph Fagan and a number of corporations.

FACTS AND PROCEDURAL HISTORY

Ralph Fagan is the chief executive officer and majority shareholder of several oil field service companies, including Fagan Enterprises, Inc., Toddell Enterprises, Inc., Fagan Boat Service, Inc., Futuristic Boats, Inc., and Kim Susan, Inc. He was indicted in Houston, Texas, on various federal charges including obstruction of justice, intimidation of a witness, and multiple counts of mail fraud. The charges stemmed from kickbacks Fagan paid to obtain contracts with Texoma Production Company (Texoma). Fagan and his companies were also sued civilly by Texoma, based on Fagan's participation in the kickback scheme. In the civil litigation, Texoma alleged fraud and anti-trust claims, and sought compensatory damages totaling $3,000,000.00 plus punitive damages, interest, and attorney fees.

In 1986, Fagan contacted David Treen, a partner in the law firm of Deutsch, Kerrigan, and Stiles (DKS), seeking assistance in obtaining a change of venue to New Orleans, Louisiana, in the criminal case pending against him. Despite Treen's efforts, a change of venue was ultimately denied and Fagan was subsequently convicted. Thereafter, DKS represented Fagan in several postconviction matters. In April 1991, DKS filed suit against Fagan in the Seventeenth Judicial District Court (docket number 68641), seeking recovery of a principal sum of $2,826.24 in outstanding legal fees associated with DKS's representation of Fagan in the criminal case.

Also in 1986, Fagan engaged the services of DKS to represent him and his companies in the pending civil litigation wherein he and his companies were being sued by Texoma. After the expenditure of substantial legal efforts, a settlement was reached whereby Fagan's companies were to pay approximately $125,000.00 to Texoma, with no personal liability allocated to Fagan.

In May of 1990, DKS[1] filed suit against *1319 Fagan and several of his companies[2] in the Seventeenth Judicial District Court (docket number 65998), seeking recovery of a principal sum of $37,111.90 in outstanding legal fees associated with DKS's representation of Fagan and his companies in the civil case.

On March 15, 1993, the trial court ordered the two cases consolidated. After a trial on the merits, judgments were rendered on August 10, 1994 in favor of DKS. Regarding DKS's suit for legal fees associated with Fagan's criminal case, the trial court rendered judgment against Fagan for $2,826.24 plus attorney fees in the amount of $750.00. Regarding DKS's suit for legal fees associated with the civil case, the trial court rendered judgment against Fagan, Fagan Enterprises, Inc., and Toddell Enterprises, Inc., in solido, for $37,111.90 plus attorney fees in the amount of $9,500.00.

Fagan and his three companies appeal the judgments, asserting the following assignments of error:

(1) The trial court erred in ruling that there was a balance due to DKS for attorney fees.
(2) The trial court erred in failing to apportion any balance due for attorney fees between the eight separate and distinct individual and corporate entities which DKS represented in the civil case.
(3) The trial court erred in ruling that Ralph Fagan was primarily responsible for the payment of all attorney fees for himself and the seven corporate defendants in the civil case.
(4) The trial court erred in ruling that the defendants are liable to DKS "in solido."
(5) The trial court erred by allowing, over defendants' objections, parol evidence to be used to establish a promise to pay the debt of a third person.
(6) The trial court erred in awarding attorney fees to DKS and/or the amount of attorney fees as set forth in the judgments are excessive and not supported by the evidence.
(7) The trial court erred in granting judgments that are contrary to the law and the evidence and by not granting defendants' motion for new trial.

Although this opinion does not address each assignment of error individually, it adequately disposes of all issues raised.

ATTORNEY FEES ASSOCIATED WITH THE CRIMINAL CASE

In his brief to this court, Fagan admits that DKS provided services to him in the criminal case, but argues that the approximate $25,000.00 already paid to DKS is adequate compensation for the services provided. It is Fagan's position that the additional $2,826.84 awarded to DKS "is clearly excessive and was not earned by plaintiff."

The trial court found that DKS provided numerous services to Fagan in connection with the criminal case. In its reasons for judgment, the trial court stated:

Fearing that he would not receive a fair trial in Houston, Fagan sought the services of Dave Treen, a DK & S partner, in January 1986 to obtain a change of venue to New Orleans, Louisiana.
Treen advised Fagan that venue probably would not be changed. Fagan, however, insisted that he go forward. Treen provided numerous services for Fagan including conferring with the United States Attorneys in Houston and New Orleans and researching and drafting arguments. The motion was denied and Fagan was subsequently convicted.
DK & S also represented Fagan in various post conviction matters. Treen again conferred with the United States Attorney *1320 in Houston, requested that Fagan's friends and associates submit letters for inclusion in the presentence report, and explored the availability of alternate sentences. After Fagan was sentenced to a two year term of imprisonment, Treen filed and argued a motion to clarify the sentence, submitted an application to the Board of Pardons, and worked diligently to secure Fagan's early release.
Although Treen repeatedly advised Fagan that much of the work he was asked to undertake had little chance of success, Fagan insisted that no effort by spared. Apparently disappointed with the results, Fagan refused to pay DK & S's final two invoices. Neither Treen nor DK & S guaranteed favorable results and undertook only to provide quality legal services, which they did. (footnote omitted)
DK & S's invoices accurately reflect services rendered and expenses incurred. Since Fagan has failed to establish any defense to this obligation, judgment will be rendered in favor of DK & S.

DKS brings this suit under La.R.S. 9:2781 which provides a cause of action to recover for debts incurred on open account for professional services rendered. Under La.R.S. 9:2781(C), "open account" includes debts incurred for legal services.

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Cite This Page — Counsel Stack

Bluebook (online)
665 So. 2d 1316, 1995 WL 743594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsch-kerrigan-stiles-v-fagan-lactapp-1995.