Kelley v. Donohue

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

This is a dispute between two attorneys regarding division of attorney’s fees following the successful prosecution of a medical malpractice lawsuit for the death of Elena Kat-ehatag.1 Leonard Kelley claims he entered into a fee-splitting agreement with William Donohue. Donohue denies any such agreement. The probate court held that it had jurisdiction to decide the dispute and concluded that Kelley had no legally enforceable contingent fee contract. It later found that Kelley had waived a quantum meruit claim. Kelley argues the probate court had no…