Legal Opinion

Bradley v. Estate of Lester

Court of Appeals of Kentucky

Decided November 10, 2011No. 2009-CA-002157-MRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

ACREE, Judge:

Appellants appeal the Floyd Circuit Court’s order awarding attorney fees to the Appellee, the Estate of Herman Lester. Specifically, the question presented is whether an attorney who withdraws from representation is entitled to recover his fee pursuant to the original contingency fee agreement, or limited to recovery on a quantum meruit basis. Upon the facts before us, we find quantum meruit is the proper calculation of fees. Therefore, we vacate the order of the Floyd Circuit Court and remand for additional proceedings.

*471 Facts and procedure

Several individuals (collectively…

2Cases cited5 opinions

  1. Richardson v. Louisville/Jefferson County Metro GovernmentKentucky Supreme Court · 2008
  2. Baker v. ShaperoKentucky Supreme Court · 2006
  3. LaBach v. HamptonCourt of Appeals of Kentucky · 1979
  4. Gilbert v. WalbeckCourt of Appeals of Kentucky · 1960
  5. Kruse's Administrator v. CorderCourt of Appeals of Kentucky (pre-1976) · 1935

3Cited by2 opinions

  1. Lofton v. Fairmont Specialty Insurance Managers, Inc.Kentucky Supreme Court · 2012
  2. Kannapel v. International Business Machines CorporationDistrict Court, W.D. Kentucky · 2021

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