King v. Armstrong

518 N.W.2d 336, 1994 Iowa Sup. LEXIS 151, 1994 WL 278489
CourtSupreme Court of Iowa
DecidedJune 22, 1994
Docket93-555
StatusPublished
Cited by14 cases

This text of 518 N.W.2d 336 (King v. Armstrong) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Armstrong, 518 N.W.2d 336, 1994 Iowa Sup. LEXIS 151, 1994 WL 278489 (iowa 1994).

Opinion

PER CURIAM.

At issue in the present case is whether the district court abused its discretion in awarding the Wagner Law Firm attorney fees pursuant to a fifty percent contingency fee contract between the law firm and the employees of Armstrong’s Inc. following the law firm’s representation of the employees in a class action suit against Armstrong’s. We find no abuse of discretion, and we affirm the judgment of the district court.

Employees of Armstrong’s Inc. filed a claim in probate court against the estate of Robert C. Armstrong, alleging that Robert Armstrong breached his fiduciary duty when he sold his stock in Armstrong’s Inc. to the employee stock ownership program (ESOP) for more than fair market value. The claim further alleged that Armstrong used his position as a director and trustee of the employee pension plan to insist that ESOP buy out his shares of stock. Because Armstrong’s Inc. was in bankruptcy at the time, the claim was filed with the bankruptcy court. The bankruptcy court designated the employees’ committee as the official class representative to bring any class action claims against Armstrong’s estate.

The Wagner Law Firm first entered discussions with the employees’ committee in late December 1991, regarding representation of the class against the Armstrong estate. At that time, numerous other law firms had declined to represent the class, most *337 stating that they did not have the staff and financial means to properly conduct such a complex case. On January 5,1992, the Wagner Law Firm decided that a fifty percent contingency fee agreement was reasonable, based on the complexity of the case and the great risk that no recovery would be obtained. Wagner informed the committee that any fee requested would be subject to court approval. Following a closed door meeting, the employees’ committee voted to affirm the contingency fee. On January 31, 1992, the Wagner Law Firm filed an appearance on behalf of King.

On June 23, 1992, a tentative settlement agreement was reached in the amount of $65,000, although the employees’ committee had originally thought their claim might bring several million dollars. The Wagner firm and counsel for the estate subsequently prepared and filed the documents necessary to obtain the court’s approval, including the application for certification as a class action, the motion to compromise claims and the proper notices. The notice informed the members of the class that the class representative had agreed to a proposed settlement against the Armstrong estate for $65,000. The notice further informed the class mem-' bers that the Wagner firm sought a fifty percent fee pursuant to the agreement entered into between the employees’ committee and the law firm.

On September 15, 1992, King filed a motion to compromise claims in the amount of $65,000. Copies of the motion and notice were mailed to all known members of the class. No objections to the compromise of claims were filed. The district court granted the motion to compromise. On December 8, 1992, the Wagner firm filed an application for attorney fees pursuant to the fifty percent contingency fee agreement. The notice of hearing on the fees application noted that the fees were sought pursuant to a fee agreement and that any such fees awarded would be subject to the approval of the court.

The intervenor, Molly Bredl, subsequently filed an objection to the application for attorney fees. At the hearing, the Wagner firm introduced an itemized billing statement showing it had expended time totaling $21,-442 with expected costs of $1985 to distribute monies to the class members. The firm also claimed it had advanced costs and expenses of $5165.10. Bredl’s objection was based on her belief that the original lawsuit was frivolous and that no attorney fees should be awarded. Bredl also complained that the amount of fees requested was unreasonable since the amount of time spent by the Wagner firm on the case was minimal. The district court ruled that the Wagner firm was entitled to the fees as agreed.

Bredl subsequently filed an Iowa Rule of Civil Procedure 179(b) motion, arguing that the district court did not consider the application of Iowa Rule of Civil Procedure 42.-16(e) and Disciplinary Rule 2-106(B). The district court, upon consideration of these rules, overruled the motion. Bredl has appealed.

The first issue to be addressed is what standard of review is to be used by a reviewing court when considering contingency fee agreements. Bredl claims that because the district court failed to make specific findings regarding rule 42.16(e) the case should be reviewed de novo. We disagree.

Although there are no Iowa cases specifically addressing the standard of review for cases involving contingency fees in class action litigation, we have in other contexts reviewed the allowance of attorney fees under an abuse-of-discretion standard. Landals v. George A. Rolfes Co., 454 N.W.2d 891, 897 (Iowa 1990); Green v. Iowa Dist. Court, 415 N.W.2d 606, 608 (Iowa 1987). In class action cases, this court has also applied the abuse of discretion standard when reviewing rulings of the district court. See Martin v. Amana Refrigeration, Inc., 435 N.W.2d 364, 367 (Iowa 1989); Vignaroli v. Blue Cross of Iowa, 360 N.W.2d 741, 743 (Iowa 1985). Iowa courts have recognized that the district court is an expert on the issue of reasonable attorney fees. Landals, 454 N.W.2d at 897. It therefore appears that when reviewing claims for attorney fees pursuant to a contingency fee agreement in a class action lawsuit, we will review attorney fee awards under an abuse of discretion standard.

*338 The thrust of Bredl’s argument is that Wagner’s claim for attorney fees under the contingency agreement is unreasonable in light of the factors set forth in rule 42.-16(e). In determining the appropriateness of attorney fees in a class action, rule 42.16(e) provides:

e. In determining the amount of attorney’s fees for a prevailing class the court shall consider the following factors:
(1) The time and effort expended by the attorney in the litigation, including the nature, extent, and quality of the services rendered;
(2) Results achieved and benefits conferred upon the class;
(3) The magnitude, complexity, and uniqueness of the litigation;
(4) The contingent nature of success;
(5) In cases awarding attorney’s fees and litigation expenses under subdivision “d” of the vindication of an important public interest, the economic impact on the party against whom the award is made; and
(6) Appropriate criteria in the Iowa Code of Professional Responsibility for Lawyers.

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518 N.W.2d 336, 1994 Iowa Sup. LEXIS 151, 1994 WL 278489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-armstrong-iowa-1994.