David J. Sacks, P.C. v. Haden

The question in this case is whether a written attorney’s fee agreement that specifies only hourly fee rates may be modified by evidence of an oral capping agreement. We hold that it may not because parol evidence cannot modify a written agreement absent ambiguity. Accordingly, we reverse the court of appeals’ judgment and remand the case to the court of appeals for consideration of other issues raised on appeal.

Haden & Company and its owner, Charles Haden, were involved in a lawsuit that was appealed to the federal circuit court of appeals. Haden hired David Sacks as his appellate counsel.…