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Bryson v. Bribriesco12/11/2002
vidence. Iowa R. App. P. 6.14(6)(a).
III. DISCUSSION.
The appellants contend the district court erred in granting Bribriesco's attorney fee lien under their contract for employment and agreement for lien. They do not challenge the validity of the contract or its terms. The crux of their argument is that Bribriesco no longer represented Christine and Janice when the settlement offer was made on July 14, 1999. Upon review of the record, we conclude substantial evidence supports the district court's ruling that Bribriesco was the Brysons' legal representative at the time the settlement offer was communicated.
The record reveals that on July 13, 1999 Bribriesco filed a motion to reschedule the trial date because of irreconcilable differences between Ms. Bryson and attorney Bribriesco. The motion does not indicate Bribriesco intended to withdraw from representation of either Christine Bryson or Janice Bryson on the claims in the lawsuit. As already noted, an offer of settlement was faxed to attorney Bribriesco on July 14, 1999. Later that day, Bribriesco was contacted by phone by attorney Richard Keys. Keys had Janice Bryson in his office. Keys and Bribriesco have different recollections of their conversation. According to Keys, Bribriesco told him his relationship with Ms. Bryson had been severed. Keys claims he told Bribriesco that he was ninety-nine percent sure that he would represent Ms. Bryson on her pending claim. Attorney Bribriesco indicates he never told Keys that the relationship had been severed. He informed Keys he had indicated to Ms. Bryson that she should seek a second opinion concerning valuation of her case. On July 15, 1999, the day after the conversation with attorney Keys, Bribriesco filed a notice of attorney fee lien requesting a lien on any proceeds payable to Christine Bryson or Janice Bryson as a result of the dog bite injury incurred by Christine. On July 16, 1999, attorney Keys entered his appearance in the dog bite case. On August 12, 1999, Bribriesco and the firm member who worked with him on the case filed their withdrawal. Janice Bryson did not testify at the hearing on her declaratory judgment action. The district court concluded there was no credible evidence that Janice Bryson discharged Bribriesco, or that he withdrew from representing her, before Bribriesco received the offer of settlement on July 14. Ample evidence supports this conclusion. Accordingly, we affirm the decision of the district court.
AFFIRMED.
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