Harang v. Barrett
| Docket Number: | 2008-CP-01701-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-06-2010 Opinion Author: Ishee, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Contract - Attorney's fees - Contingency-fee agreement - Mississippi Rules of Professional Conduct 1.5(e) Judge(s) Concurring: Myers, P.J., Griffis, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Dissenting Author : Lee, P.J., with separate written opinion. Dissent Joined By : Joined in part by King, C.J. Concurs in Result Only: Irving, J., without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - CONTRACT |
|
| Trial Court: |
Date of Trial Judgment: 09-05-2008 Appealed from: PEARL RIVER COUNTY CHANCERY COURT Judge: Johnny Lee Williams Disposition: AWARDED NINETY PERCENT OF ATTORNEY’S FEES TO PAT M. BARRETT, JR. AND DENIED JACK W. HARANG’S MOTION FOR RECOGNITION OF THE ATTORNEY’S CONTINGENCY-FEE CONTRACT Case Number: 07-0073-PR-W |
|
| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | In the Matter of the Guardianship Estate of Dylan N. Baker, A Minor Child: Jack W. Harang |
JACK W. HARANG |
|
|
| Appellee: | Pat M. Barrett, Jr. and Charles Ian Kirtland | PAT M. BARRETT, JR., RICHARD C. FITZPATRICK, ALFRED HARRY DAVIDSON IV | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Contract - Attorney's fees - Contingency-fee agreement - Mississippi Rules of Professional Conduct 1.5(e) |
| Summary of the Facts: | Briana Kirtland was killed after an automobile in which she was a passenger collided with a train at a railroad crossing. Briana was survived by her minor child, Dylan Baker, who was four years old when she died. In 2002, Brian and Gina Baker, Briana’s parents, filed a wrongful-death action on behalf of Dylan against Norfolk Southern Railroad Company. They executed a contingency-fee contract with Jack Harang, a Louisiana attorney. Harang later associated Pat Barrett, Jr., a Mississippi attorney, into the case. Barrett did not have a contingency-fee contract with the Bakers, and all work conducted by him was done through his association with Harang. In 2007, the parties agreed to settle the case and the court approved the settlement. In 2008, Barrett filed a motion for attorney’s fees. Harang filed a motion in opposition. He later filed a motion for approval and recognition of the attorney’s contingency-fee contract. The chancery judge awarded Barrett ninety percent of the total amount of the attorney’s fees recovered in the case and awarded Harang ten percent. Harang appeals. |
| Summary of Opinion Analysis: | Harang argues that the chancery court erred in deciding that it did not have to recognize the existing contingency-fee contract and holding that only equitable principles control the division of attorney’s fees. He argues that the chancery court totally disregarded the provision of Rule 1.5(c) of the Mississippi Rules of Professional Conduct which requires that a contingency-fee agreement be in writing. Fee splitting between an attorney licensed to practice in Mississippi and an attorney not licensed to practice in Mississippi, but properly admitted pro hac vice, is governed by Rule 1.5(e) of the Mississippi Rules of Professional Conduct. As evidenced from the exhibits Barrett provided in the record, after he accepted the role as Harang’s co-counsel, Barrett spent a considerable amount of time and money in litigating the Bakers case. According to Barrett’s summary of work done, he spent 726 hours and $32,528.94 on the case. Barrett also provided the chancery court with correspondence he sent through certified mail to Harang where he explained that after several attempts to contact Harang for help with the litigation, Barrett had decided to continue litigating the case as if he were the only attorney retained by the Bakers. The chancery court was not provided with any evidence from Harang to dispute Barrett’s assertion that he had made several attempts to contact Harang with no avail. The chancery court also was not provided with any evidence from Harang disputing the time and money Barrett spent litigating this case. Harang provided the chancery court with an affidavit from Michael Martz, who stated that the chancery court should recognize the contract between the Bakers and Harang. With regard to minors’ matters in Mississippi, principles of equity govern. The courts must necessarily determine the fees, and any contract for fees does not bind the minor. It is clear from the record that Barrett performed the majority of the work in this case; therefore, he should be awarded attorney’s fees that reflect such. Thus, the lower court’s award is proper. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
