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Bryson v. Bribriesco12/11/2002
Appellants appeal from a declaratory judgment in favor of their attorney which validated an attorney fee lien.
AFFIRMED.
This case involves the validity of an attorney fee lien. Appellants, Janice Bryson and Christine Bryson, a minor, appeal from the district court's ruling in a declaratory judgment action which validated attorney William J. Bribriesco's attorney fee lien under a contract for employment. Because we find substantial evidence supports the district court's ruling, we affirm.
I. BACKGROUND FACTS AND PROCEEDINGS.
On July 16, 1996, a dog attacked and injured Christine Bryson. Christine's grandmother, Janice Bryson, incurred medical bills and other damages for Christine's treatment. On December 9, 1996, Janice retained William J. Bribriesco's law firm to represent Christine and her. The parties entered into an agreement entitled "Contract for Employment and Agreement for Lien." The contract allowed Bribriesco attorney fees of one-third of the gross amount recovered due to the dog bite and provided for reimbursement for the firm's advanced expenses. The contract also contained provisions for the firm's withdrawal if the client was uncooperative, and allowed the attorney to file an attorney lien for one-third of any outstanding settlement offer.
In September of 1997, Bribriesco filed a petition seeking damages for Christine's injuries. The petition was later amended to add Janice Bryson as a plaintiff. Attorney Bribriesco and an associate actively pursued the plaintiffs' case. Their representation included investigating the facts and circumstances surrounding the event, retaining expert witnesses, and deposing witnesses. In the process, they incurred costs which were designated as client advances.
Bribriesco represented plaintiffs at a settlement conference conducted by a district court judge on July 8, 1999. Janice Bryson became upset and left the settlement conference prior to its termination indicating she was unable to compromise her settlement demand.
On July 12, 1999, Janice Bryson contacted Bribriesco by phone and it became clear to Bribriesco that her valuation of the case was in excess of his valuation. As a result, Bribriesco advised Ms. Bryson to seek a second opinion as to the valuation of the case. On July 14, 1999, the attorney representing the defendant in the underlying lawsuit faxed an offer of settlement to Bribriesco. The defendant offered a structured settlement with a present value of $50,000.
On July 15, 1999, Bribriesco filed a notice of attorney fee lien requesting a lien on any proceeds payable to Christine Bryson and/or Janice Bryson as a result of the dog bite injury suffered by Christine. He filed the lien pursuant to Iowa Code section 602.10116(3) (1999). The amount of the lien requested was consistent with the terms of the parties' contingent fee agreement.
During October of 2000, Janice Bryson instituted an action for declaratory judgment on behalf of Christine and herself requesting the court to declare Bribriesco's lien invalid. Following hearing, the district court ruled that William J. Bribriesco and Associates had a valid attorney lien not to exceed $16,666.67, plus costs advanced in the amount of $1,401.56 on any proceeds forthcoming to Christine Bryson or Janice Bryson as a result of the dog bite case. Christine and Janice appealed.
Additional facts will be presented as they relate to the issues discussed.
II. SCOPE OF REVIEW.
The scope of review in this case is for correction of errors at law. Iowa R. App. P. 6.4. The trial court's findings of fact are binding on us if they are supported by substantial e
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