Bergantzel v. Mlynarik

TERNUS, Justice.

The appellee, Terri Bergantzel, brought a small claims action against the appellant, Jan Mlynarik, to recover a contingent fee based on Bergantzel’s assistance in negotiating a settlement of Mlynarik’s personal injury claim. We granted discretionary review of the district court’s affirmance of the small claims judgment allowing such a fee. Because Bergantzel is not a licensed attorney, we hold that the contingent fee contract is against public policy and may not be enforced. Accordingly, we reverse and remand for dismissal of Bergantzel’s action.

I. Scope of Review.

The scope of…