Lee v. Cherry

OPINION

DRAUGHN, Justice.

In this appeal from a summary judgment, the issue before this court is whether a forwarding attorney is entitled to a referral fee if he resigns his license to practice law before the case is settled. By summary judgment, the trial court held he was not. We reverse and remand.

The facts are essentially undisputed. In January 1984, appellant, James R. Lee, then a licensed attorney, referred a personal injury case to Doug Cherry, appellee. Cherry agreed in writing to pay all expenses and to remit to appellant one-third of any legal fee earned in the case. Ste*362phen Glen…