Legal Opinion

Enterline v. Miller

Superior Court of Pennsylvania

Decided March 14, 1905No. Appeal, No. 72PublishedCited by 9 opinions

Appeal, No. 72, Oct. T., 1904, by plaintiff, from judgment of O. P. Schuylkill Co., July T., 1902, No. 21, on verdict for plaintiff in case of S. M. Enterline v. John M. Miller. Assumpsit to recover for professional services. Before Bechtel, P. J. From the record it appeared that plaintiff claimed to recover the sum of $907.05 for professional fees and expenses in connection with the estate of John Miller, deceased.

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Appeal, No. 72, Oct. T., 1904, by plaintiff, from judgment of O. P. Schuylkill Co., July T., 1902, No. 21, on verdict for plaintiff in case of S. M. Enterline v. John M. Miller. Assumpsit to recover for professional services. Before Bechtel, P. J. From the record it appeared that plaintiff claimed to recover the sum of $907.05 for professional fees and expenses in connection with the estate of John Miller, deceased. The defendant claimed that through the plaintiff’s negligence in his professional work a loss to the estate had resulted in excess of the amount of claim. The negligence alleged…

1Opinion of the Court

Opinion by

Smith, J.,

This is an action by an attorney-at-law against his client, to recover compensation for professional services. The defense is that there was such negligence in the performance of the services that the client suffered serious loss, and that for this reason the plaintiff has no just claim to compensation.

An attorney is not liable to his client for a failure to succeed, resulting in loss to the client, unless this is due to his mismanagement of the business intrusted to him, through bad faith, inattention or want of professional skill. Without discussing at length the degree…

2Cases cited1 opinion

  1. Boyer v. MillerSupreme Court of Pennsylvania · 1901

3Cited by9 opinions

  1. Tarlo v. University of PittsburghCommonwealth Court of Pennsylvania · 1982
  2. Davis v. Associated Indemnity CorporationDistrict Court, M.D. Pennsylvania · 1944
  3. Rothrock v. WolfeSuperior Court of Pennsylvania · 1930
  4. McGrorey v. Obermayer, Pennsylvania Court of Common Pleas, Philadelphia County1978
  5. Corliss, J. v. Lee A. Ciccarelli, PCSuperior Court of Pennsylvania · 2022

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