Erb v. Wainwright

This case raises the question of what happens to a contract, namely a fee agreement, after a party’s death when performance, specifically, representation in the underlying matter, has not yet been accomplished. The plaintiff, Kevin J. Erb (“Erb”), who is an attorney, rendered his services as agreed, however, the estate of the deceased, Robert Lane, discontinued payments under the fee agreement. Erb represented Lane in two criminal trials, and represented Lane’s interest in an administrative action before the Massachusetts Lottery Commission (“Commission”). Erb has brought suit against the…