Fowkes v. Shoemaker

661 A.2d 877, 443 Pa. Super. 343, 1995 Pa. Super. LEXIS 1699
CourtSuperior Court of Pennsylvania
DecidedJune 7, 1995
StatusPublished
Cited by29 cases

This text of 661 A.2d 877 (Fowkes v. Shoemaker) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fowkes v. Shoemaker, 661 A.2d 877, 443 Pa. Super. 343, 1995 Pa. Super. LEXIS 1699 (Pa. Ct. App. 1995).

Opinion

POPOVICH, Judge:

This is an appeal from an order entered in the Court of Common Pleas of Allegheny County granting appellee Shoemaker’s motion for judgment on the pleadings. Appellant now raises the following questions for review:

I. Does an attorney, who has been discharged by a client after rendering valuable services under a contingency fee agreement, possess a colorable claim in quantum meruit against his successor where the successor is fully cognizant of the attorney’s prior representation, but nonetheless knowingly accepts and unjustly retains those fees due the attorney by virtue of the valuable services which he has rendered to the client?
II. Is it an abuse of discretion to deny a plaintiff leave to amend his complaint to include as defendant an indispensable party where the claim against such party is not time-barred and the proposed amendment would not unduly prejudice any party to the action?
III. Is a client’s presence as a defendant indispensable in his former attorney’s quantum meruit action concerning liability for attorney’s fees under a contingency fee agree *346 ment where the client has a direct, substantial interest in such action, which is essential to just adjudication of the attorney’s quantum meruit claim?

Because the lower court correctly granted judgment on the pleadings, we affirm.

Our scope of review of a trial court’s granting of a motion for judgment on the pleadings is plenary. McAllister v. Millville Mutual Insurance Co., 433 Pa.Super. 330, 640 A.2d 1283 (1994) (citation omitted). An appellate court will apply the same standard applied by the trial court. Id. A court should grant a motion for judgment on the pleadings where the pleadings demonstrate that no genuine issue of fact exists, and that the moving party is entitled to judgment as a matter of law. Id.

... [A] trial court must confine its consideration to the pleadings and relevant documents and accept as true all well pleaded statements of fact, admissions, and any documents properly attached to the pleadings presented by the party against whom the motion is filed. The court may grant judgment on the pleadings only where the moving party’s right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise.

Id. at 334, 640 A.2d at 1285. We will reverse a trial court’s grant of judgment on the pleadings only where a clear error of law has been committed or where there were facts disclosed by the pleadings which should have been resolved by the jury. Flatley by Flatley v. Penman, 429 Pa.Super. 517, 632 A.2d 1342 (1993), allocatur denied, 537 Pa. 620, 641 A.2d 586 (1994).

Our review of the record in light of the aforestated standard reveals the following: This action involves a claim for recovery of attorney’s fees arising out of appellants’ prior representation of Kevin and Janice Zeigler in a personal injury action. Appellants, George Fowkes and Leonard Price, represented the Zeiglers at the outset of their personal injury suit from June of 1986 until December of 1988. Appellant Fowkes was originally retained as counsel and appellant Price was subsequently added as co-counsel because of the complex nature of *347 the Zeiglers’ case. 1 The Zeiglers became dissatisfied with appellants’ representation and terminated the attorney-client relationship in December, 1988. 2

Shortly after terminating their attorney-client relationship with appellants, appellee Shoemaker was retained as counsel by the Zeiglers. Appellee requested the Zeiglers’ case file from appellants as well as a statement for services rendered and costs incurred. Shoemaker’s request was not entirely satisfied as appellants submitted a statement of costs incurred to appellee, but never submitted a statement for services rendered.

A contingency fee agreement and power of attorney executed by Shoemaker and the Zeiglers provided in part:

I/we hereby agree that the Attorney shall retain as his fee in this matter 33% of all sums hereafter realized by settlement, verdict of court or other recovery as to the above stated matter. It is recognized that this fee of 33% represents a reduction from Attorney’s normal fee of 40%, and that this reduction was made to offset other fees Mr. and Mrs. Kevin Zeigler may owe other attorneys they previously retained relative to matters at issue in this representation.

Appellee eventually received a settlement for the Zeiglers in the amount of $4,284,000, out of which his attorney’s fees were paid. On June 30, 1993, Fowkes and Price filed a complaint against Shoemaker alleging that they were entitled to a quantum meruit recovery from appellee for the services they had rendered to the Zeiglers. In response, Shoemaker filed a motion for judgment on the pleadings, maintaining that appellants’ right of recovery was against the Zeiglers, not against him. The trial court agreed and granted appellee’s motion for judgment on the pleadings. This timely appeal followed.

*348 We first address appellants’ assertion that they have a valid quantum meruit action directly against appellee Shoemaker for the services they rendered to the Zeiglers.

We held, in Styer v. Hugo, 422 Pa.Super. 262, 619 A.2d 347 (1993), affirmed, 535 Pa. 610, 637 A.2d 276 (1994), that an attorney, who initially represented a client and is dismissed, does not have a quantum meruit action against the attorney who ultimately settles the case. Id. at 271, 619 A.2d at 352. We also stated that the initial attorney may have had a valid quantum meruit claim against the client as of when the attorney was terminated. Id. at 270, 619 A.2d at 351.

In Hugo, Styer was retained to represent Isaia Piccinino and his wife in a personal injury action. Id. at 264, 619 A.2d at 348. The Piccinino’s discharged Styer and retained new counsel, Christopher Brill, who subsequently turned the Piccinino’s case over to a third attorney, Hugo. Id. at 264-266, 619 A.2d at 348-349. An agreement between Styer and Brill provided that Styer would be compensated for the work he had performed prior to being discharged. Id. at 264, 619 A.2d at 348. Hugo and Styer did not have, a similar agreement, but Hugo was aware of the agreement between Styer and Brill. Id. at 266, 619 A.2d at 349. Hugo obtained a settlement for the Piccinino’s and received payment for his services pursuant to his contingency fee agreement with the Piccinino’s. Id.

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Bluebook (online)
661 A.2d 877, 443 Pa. Super. 343, 1995 Pa. Super. LEXIS 1699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowkes-v-shoemaker-pasuperct-1995.