Legal Opinion

Consolver v. Hotze

Court of Appeals of Kansas

Decided March 20, 2015No. 110483PublishedCited by 1 opinion

1Opinion of the Court

Atcheson, J.:

Plaintiff Mahnaz Consolver decided to change lawyers partway through this personal injury action she filed in Sedgwick County District Court. Bradley A. Pistotnik, the forsaken lawyer, filed a lien against any recovery for his fees and expenses. After Consolver s new lawyer settled the underlying tort claim, the district court enforced the lien by awarding Pistotnik a partial fee based on the contingency clause of his contract with Consolver. The district court erred. We remand for a redetermination of the fee due Pistotnik founded on a lodestar calculation consistent with the…

2Cases cited27 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. City of Burlington v. DagueSupreme Court of the United States · 1992
  4. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987
  5. State v. WardSupreme Court of Kansas · 2011

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3Cited by1 opinion

  1. Consolver v. HotzeSupreme Court of Kansas · 2017

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