Mlynarik v. Bergantzel

TERNUS, Justice.

The plaintiff, Jan Mlynarik, filed suit to recover a contingency fee paid to the defendant, Terri Bergantzel, a nonlawyer, for services rendered by Bergantzel to Mly-narik in the negotiation of a settlement of Mlynarik’s personal injury claim. The district court dismissed Mlynarik’s suit on the defendant’s motion to dismiss, ruling there was no legal basis for the plaintiff to recover fees already paid notwithstanding the fact the contract between the parties was against public policy and unenforceable.

We conclude Mlynarik has pled facts that would permit him to recover the…