Brigham v. Foster
Massachusetts Supreme Judicial Court
Contract brought by a counsellor at law to recover for professional services rendered as senior counsel in the trial of a cause in which the defendant was a party. At the trial in the superior court, before Lord, J., there was evidence tending to show that the plaintiff was retained in behalf of the defendant by George D. Porter, the defendant’s attorney of record in the suit, who had charge of the preparation of the case for trial.
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Contract brought by a counsellor at law to recover for professional services rendered as senior counsel in the trial of a cause in which the defendant was a party. At the trial in the superior court, before Lord, J., there was evidence tending to show that the plaintiff was retained in behalf of the defendant by George D. Porter, the defendant’s attorney of record in the suit, who had charge of the preparation of the case for trial. No question was made of the propriety or necessity of senior counsel, or as to the amount which the plaintiff was entitled to recover, if anything. The defendant…
1Opinion of the CourtDewey, J.
The mere fact that the plaintiff rendered professional services in favor of the defendant on the trial of a cause in which the latter was a party would not alone be sufficient to establish a legal claim for compensation therefor. Nor are we prepared to say that a retainer by the attorney of record in the suit would of itself bind the defendant to pay the fees of counsel who were thus retained, and who rendered their services in his absence and without his knowledge. This case has other elements in it, upon which an implied promise and legal liability may properly be held to arise on the part…
2Cited by1 opinion
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