Consolver v. HotzeAnnotate this Case
Mahnaz Consolver hired attorney Bradley Pistotnik to represent her in her personal injury lawsuit. Consolver terminated Pistotnik without cause just before settlement. Thereafter, Consolver hired Stephen Brave, who settled the case for $360,000. The district court concluded that Pistotnik was entitled to a fee in the amount of nearly $87,000 and expenses of approximately $10,000. The court of appeals reversed, finding that the district court “stepped outside the legal principles guiding quantum meruit to premise the fee award to Pistotnik on the contingency percentage in the parties’ contract." The Supreme Court reversed, holding that the district court did not abuse its discretion when it determined the reasonable value of Pistotnik’s services by considering, in part, the terms of the contingency fee agreement between Pistotnik and Consolver.