Burnham v. Cooney

Phipps, Judge.

Larry Burnham hired attorney William Cooney to represent him in a lawsuit against his erstwhile business partner. After that litigation had concluded, Cooney billed Burnham for services he had rendered. Because Burnham failed to pay the bill, Cooney brought this suit against him. Burnham appeals the trial court’s award of summary judgment to Cooney. The issues presented are whether Burn-ham waived his right to mandatory arbitration of the dispute, whether the statute of limitation bars Cooney’s fee claim, and whether Burnham has a breach of contract defense to Cooney’s claim.…