Stephens v. Fulford
Supreme Court of Georgia
. The Court of Appeals certified (in Case No. 12795) tbe following questions: “ 1. Could an attorney recover from a client, upon their express contract, either the full contingent fee therein specified or any portion thereof, where the contract in effect recites that $250 has been paid by the client to the attorney in cash, and provides that an additional $1,000 shall be paid when the attorney secures a pardon for the client’s son, then confined in the State penitentiary for…
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. The Court of Appeals certified (in Case No. 12795) tbe following questions: “ 1. Could an attorney recover from a client, upon their express contract, either the full contingent fee therein specified or any portion thereof, where the contract in effect recites that $250 has been paid by the client to the attorney in cash, and provides that an additional $1,000 shall be paid when the attorney secures a pardon for the client’s son, then confined in the State penitentiary for murder, and where it appears that the attorney, pursuant to the contract of employment, obtained from the trial judge,…
1Opinion of the CourtGilbert, J.
1, 2. An attorney at law cannot recover the whole or any part of a contingent fee upon an express contract of employment, where the contingency provided for by the contract has not been brought about, although the entire work or service of the attorney has been duly performed, and although the possibility of the contingency being brought about is prevented by the subsequent wrongful conduct of the person for whose benefit the services were engaged, and with the subsequent continuing passive acquiescence of the client. Whether the undertaking would have proceeded to a successful or…
2Cited by13 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Strickland v. WilliamsSupreme Court of Georgia · 1959
- Brookhaven Supply Co. v. RaryCourt of Appeals of Georgia · 1974
- Sellers v. City of SummervilleSupreme Court of Georgia · 1951
- Bearden v. LaneCourt of Appeals of Georgia · 1963
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