Keene v. Reggie

701 So. 2d 720, 1997 WL 652173
CourtLouisiana Court of Appeal
DecidedOctober 22, 1997
Docket96-740
StatusPublished
Cited by14 cases

This text of 701 So. 2d 720 (Keene v. Reggie) 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
Keene v. Reggie, 701 So. 2d 720, 1997 WL 652173 (La. Ct. App. 1997).

Opinion

701 So.2d 720 (1997)

Thomas P. KEENE, Plaintiff-Appellant,
v.
Edmund M. REGGIE and Doris B. Reggie, Defendants-Appellees.

No. 96-740.

Court of Appeal of Louisiana, Third Circuit.

October 22, 1997.

*722 Daniel C. Hughes, Lafayette, for Thomas P. Keene.

John Franklin Craton, Edmund M. Reggie, et al., Crowley, for Edmund M. Reggie, et ux.

Before DOUCET, C.J., and COOKS and SULLIVAN, JJ.

COOKS, Judge.

Thomas Keene filed suit to collect a loan, evidenced by a promissory note, to his attorney, Edmund Reggie. He also named Mr. Reggie's wife as a defendant, claiming the indebtedness was a community obligation. Reggie, in response, admitted he signed the note but denied defaulting on it. He alleged Keene executed a "Contract for Legal Services" on the same date he signed the promissory note sued upon and, therein, agreed to retain his services and provide him legal work sufficient to satisfy Reggie's obligation on the loan. Because Keene failed to provide him work as contracted, Reggie asserted the debt Keene sought to collect was not due and he was exonerated from paying it. Mrs. Reggie, also answering the suit, asserted the debt was not a community obligation and she did not personally undertake to pay any portion of it.

After trial on the merits, the district court dismissed Keene's claims with prejudice finding the "Contract for Legal Services" was enforceable. The court further held Reggie was entitled to fully offset the loan, and neither the community nor Mrs. Reggie owed any sum on the note. Keene now appeals these findings and asserts the trial court's rulings were erroneous.

RELEVANT BACKGROUND FACTS

On March 5, 1986, Thomas Keene signed a check authorizing Acadia Savings & Loan to pay his attorney, Edmund Reggie, $311,753.00. On March 16, 1987, more than a year later, Reggie signed a "Promissory Note and Agreement of Liability by Borrower" acknowledging the payment from Keene was a loan and agreeing to repay Keene over a ten year period with interest at the rate of seven percent per annum payable annually; and, in the event he defaulted on the note, to pay an additional fifteen percent as attorney's fees for collection of the indebtedness.

Keene, on that same date, also signed a document captioned "Contract For Legal Services" which recited in relevant sections:

I.
Appearers declare that First Party [Thomas P. Keene] employs, retains and contracts with Second Party [Edmund M. Reggie] to act for and as First Party's attorney, lawyer and counselor, on a non-exclusive basis for both of them.
II.
The term of this Agreement is ten (10) years from the date hereof.
III.
Consideration shall be paid First Party to Second Party as follows:
a) As a retainer for which Second Party shall be available and willing to represent First Party, but without handing any special assignment or performing *723 any specific legal work, First Party shall compensate Second Party a sum of at least Twenty-two Thousand and No/100 ($22,000.00) Dollars annually, either divided into twelve (12) monthly payments or in one annual payment, as determined by First Party; and
b) For legal advice or performing specific legal work done for him, First Party shall compensate Second Party at an hourly rate of One Hundred Fifty and No/100 ($150.00) Dollars plus fees, at cost of Second Party, incurred for additional attorneys, paralegal assistants and/or other experts whose services are required or proper to be engaged to perform the services furnished hereunder by Second Party and determined need by him.
IV.
First Party guarantees and warrants that payments shall inure to Second Party during the term of this Agreement to a total of at least Three Hundred Thousand and No/100 ($300,000.00) Dollars and such payments to Second Party by First Party shall be more than and above the retainer provided in Paragraph III(a) hereinabove and, further, such payments shall be computed net to Second Party above all costs for other professionals employed under the provisions of Paragraph III(b) hereinabove.

In the event of Reggie's death or inability to properly function due to ill health or other disability, the contract further obligated Keene to employ a member of Reggie's firm or one of his three children who are licensed attorneys.

Keene and Reggie were not strangers; for years, Reggie performed work for Thomas Keene and Ivy Creel, both of whom were successful entrepreneurs who often sought his advice and other legal services on business matters. Though Keene and Creel advanced substantial loans to Reggie, they did not request nor deem it necessary to contemporaneously reduce to writing their "understandings and Reggie's undertaking" regarding repayment of the cash extensions. We gather from the record their relationship was cemented by mutual trust and respect. Reggie prepared the employment contract and the promissory note. These "writings" were prompted by a desire shared by the three gentlemen to "put an end" to certain rumors and suspicions uttered by "some individuals" who questioned the "real motives" underlying the loans to Reggie. On March 13, 1987, the men met in Baton Rouge and, as reflected in minutes taken at that meeting, expressed:

... They felt the facts are clear to them but seem to be twisted by some other parties who were not part of the transactions when they occurred in Spring, 1986. For this clarity of truth, all parties wanted the circumstances and terms of the loan to be spelled out in the notes so the obligation would carry with it the explanation of what did nor did not become a part of said loans and could therefore be clearly understood.
Creel and Keene stated they wished it could be cleared up beyond doubt that each of them loaned funds to Reggie as a sign of friendship to him at a time they understood him to have a need for such funds, on livable terms, and since they had the funds on hand, they were pleased to make loans to him, assisting them in furthering a long time relationship in which they and Reggie could have further close friendship and business ties to each other.
Further, in view of their desire to assist Reggie with the loans, they also foresaw an employment of him as legal counsel over the long term during which he can earn sufficient funds to repay the loans. They feel having Reggie's legal advice is going to be worth it for them during the forthcoming decade in dealing with other legal matters. Conversely, Reggie sees the advantage of having the loans and the opportunity to earn legal fees over the years to assist in the loan repayment and in keeping in close business relationship with Creel and Keene.
Creel and Keene asked Reggie to produce a legal service contract which would express in writing their agreement to engage him as their attorney over the next *724 ten (10) years and to assist him in repaying the debt set out in the loans.

All went well between Reggie and Keene for three years following the meeting and signing of the documents. In fact, on March 16, 1987, March 2, 1988, and March 11, 1989 Keene signed a form captioned "Receipt and Off-Set" reciting:

This is a receipt for $22,000.00 in interest paid by Edmund M. Reggie to Thomas P.

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Cite This Page — Counsel Stack

Bluebook (online)
701 So. 2d 720, 1997 WL 652173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keene-v-reggie-lactapp-1997.