Horner v. BagnellAnnotate this Case
Defendant was an attorney who represented clients in contingency fee matters that originated while he was a member of a two-person law firm with Plaintiff. After the dissolution of that firm, Defendant continued to represent those clients, and those fees were not paid until after the dissolution. Plaintiff brought this action claiming that Defendant’s failure to pay him those fees constituted, inter alia, breach of contract and unjust enrichment. The trial court concluded that Plaintiff was entitled to recover on his claim of unjust enrichment with respect to the contingency fee cases and found that Defendant owed Plaintiff $116,298.89. Defendant appealed, arguing that the award violated the fee splitting provisions of Rule 1.5(e) of the Rules of Professional Conduct because the clients had not consented to the fee sharing. The Supreme Court affirmed, holding that the trial court properly awarded Plaintiff a portion of the contingency fees that Defendant collected subsequent to the firm’s dissolution.