Burns v. Stewart

Donald C. Odden, Justice. *

This matter is before the court on an appeal from a judgment dismissing plaintiff-appellant’s claim for the reasonable value of attorney’s services rendered on behalf of LaRue Y. Stewart. The dismissal was predicated on the trial court’s conclusion that plaintiff had been retained in what amounted to a contingent fee arrangement in a divorce matter, such that under decisions of this court no recovery was permissible. We disagree.

The record presented contains evidence indicating that the basic facts of the dispute are as follows: LaRue Y. Stewart and Richard B.…