Hermann, Cahn & Schneider v. Viny

537 N.E.2d 236, 42 Ohio App. 3d 132, 1987 Ohio App. LEXIS 10847
CourtOhio Court of Appeals
DecidedOctober 13, 1987
Docket52793
StatusPublished
Cited by11 cases

This text of 537 N.E.2d 236 (Hermann, Cahn & Schneider v. Viny) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hermann, Cahn & Schneider v. Viny, 537 N.E.2d 236, 42 Ohio App. 3d 132, 1987 Ohio App. LEXIS 10847 (Ohio Ct. App. 1987).

Opinion

Pryatel, P.J.

This matter is an appeal from the trial court’s determination in favor of plaintiff-appellee Hermann, Cahn & Schneider 1 (“ap-pellee”) in an action against defendant-appellant Louis Viny (“appellant”) for failure to pay for legal services rendered. The facts, as presented to this court, are set forth below.

Appellant retained appellee law firm to perform various legal services on his behalf as well as on behalf of certain business entities in which he had an interest. Payment for these services was agreed to be either a contingency fee or based on an hourly rate, depending upon the nature of the work. After the termination of the attorney-client relationship, appellee brought the underlying action to recover payment for services rendered as well as unreimbursed expenses.

At trial, the parties stipulated that $65 per hour was a reasonable rate to be charged by the firm for services. Appellee presented evidence to the court that it had sent various correspondences and statements to ap *133 pellant requesting payment, which the latter denied ever receiving. The testimony at trial, however, was uncon-troverted that appellant made no payments to appellee for services rendered.

The matters upon which appellee bases its claims were detailed, as follows, in the testimony of Gary D. Hermann 2 and the exhibits presented into evidence by appellee.

26th Street Corporation matter. Appellant retained appellee on a twenty-five percent contingency fee basis on behalf of 26th Street Corporation to recover damages sustained as a result of a fire loss. Appellant also agreed to reimburse appellee for all expenses incurred. Appellee achieved a $2,500 settlement with one defendant, on appellant’s behalf. Hermann further testified that he would have been able to negotiate favorable settlements on behalf of appellant with the remaining defendants had appellant fully cooperated with him and permitted him to continue handling this matter. Ap-pellee presented evidence that the reasonable fee for appellee’s services, based on an hourly rate of $65 per hour, was $11,498.50. The firm also incurred $1,334.67 in unreimbursed expenses.

Cole National Corporation matter. Appellee was retained by appellant to file an action against Cole National Corporation, with respect to property he owned in a holding trust, with Cleveland Trust serving as trustee, to recover damages for alterations performed in violation of a lease agreement. Appellant was to pay a twenty-five percent contingency fee plus all expenses incurred. Upon the termination of the attorney-client relationship, appellee had not negotiated a settlement. Hermann’s testimony indicated his belief that this was a collectible matter. Appellee presented testimony as well as relevant exhibits to substantiate its claim that appellant owed $4,418.85, representing legal services rendered and costs.

Harris Drug matter. Appellee was retained to represent Clark Bridge Terminals, an entity owned by appellant, on a twenty-five percent contingency fee basis, for rent due from Harris Wholesale Drug Company. Ap-pellee obtained collection in the amount of $1,083. Appellant never paid appellee its twenty-five percent fee.

26th Street Corporation!corporate matter. Appellee was retained to perform corporate work, including the amending of articles of incorporation. Appellee billed appellant for said services, at an hourly rate of $65, in the amount of $474. Appellee further presented evidence at trial that the proper bill should have been for $518.50. 3

Foster-Kleiser matter. Appellee was retained to evaluate a lease with a company known as Foster-Kleiser on an hourly basis. Unpaid legal fees amounted to $338 plus $3.10 in unre-imbursed expenses. 4

Protective Chemicals matter. Ap-pellee was retained to pursue a collection matter against Protective Chemicals, Inc. on a twenty-five percent contingency fee arrangement plus reimbursement for all expenses. Protective Chemicals, Inc. extended a settlement offer of $200 which was rejected by ap *134 pellant. Hermann testified that appellant failed to cooperate with appellee in pursuing the matter further. Evidence was presented that the value of appel-lee’s services, based on the time spent on the file, was $572.98. 5

Appellant took the stand and testified as to these matters as follows:

26th Street Corporation matter. Appellant admitted that he retained appellee’s services in regard to this matter. Other than the $2,500 settlement, no other offers were made by any other defendants. Appellant further denied receiving any bills, statements or correspondences from appel-lee. Appellant stated that he never received the $2,500 settlement draft.

Cole National Corporation matter. Appellant admitted that he retained appellee on a twenty-five percent contingency fee basis to recover for damages sustained to leased property as a result of unauthorized alterations which were allegedly made by the lessee. Appellee recovered nothing on appellant’s behalf regarding this claim.

Harris Drug matter. Appellant denied that he retained appellee regarding this matter.

26th Street Corporation/corporate matter. Appellant denied authorizing appellee to perform services regarding this matter.

Foster-Kleiser matter. Appellant denied retaining appellee on this matter.

Protective Chemicals matter. Appellant admitted that he retained ap-pellee on a twenty-five percent contingency fee basis to recover unpaid rent from Protective Chemicals in the amount of $600 to $700. Protective Chemicals made a settlement offer of $200 which appellant declined. Appellant never recovered anything in this matter.

Upon reviewing the testimony of Gary Hermann and appellant, as well as the extensive exhibits admitted into evidence, the trial court issued findings of fact and conclusions of law and awarded judgment as follows:

1. 26th Street Corporation matter. Judgment awarded in favor of plaintiff against defendant and 26th Street Corporation in the amount of $12,874.72 with respect to the fire loss claim. 6

2. Cole National Corporation matter. Judgment in favor of plaintiff against defendant and Cleveland Trust in the amount of $4,418.85.

3. Harris Drug Company matter. Judgment awarded in favor of plaintiff against defendant and Clark Bridge Terminals in the amount of $221. This amount represents the twenty-five percent contingency fee of $1,083 which was recovered.

4. 26th Street Corporation/corporate matter. Judgment awarded in favor of plaintiff against defendant and 26th Street Corporation in the amount of $518.50.

5. Foster-Kleiser matter.

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Cite This Page — Counsel Stack

Bluebook (online)
537 N.E.2d 236, 42 Ohio App. 3d 132, 1987 Ohio App. LEXIS 10847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hermann-cahn-schneider-v-viny-ohioctapp-1987.