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In re Estate of Gillies11/14/2002
ON MOTION FOR REHEARING
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED
MOTION FOR REHEARING FILED: 11/14/2001
EN BANC
. The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor.
. In July 1991, Alexander Taylor Gillies, Jr. was severely beaten by a fellow detainee while in the Corinth city jail. Alexander hired the law firm of Langston, Langston, Michael & Bowen (the Langston Firm) to prosecute any civil rights or personal injury claims he might have against the City of Corinth, or others. Alexander died in 1993, and Marietta Gillies, his mother, was appointed administratrix of his Estate.
. In 1997, Marietta discovered that the Langston Firm had failed to file a lawsuit within the applicable statute of limitations period. Marietta sought and received approval from the Alcorn County Chancery Court to employ John Gillis of the Luckett Law Firm (collectively, Gillis ), on a contingency fee basis, to represent the Estate in prosecuting a legal malpractice claim against the Langston Firm.
. In February 1999, Ruby Gillies, Alexander's wife at the time of his death, sought to remove Marietta as administratrix of the Estate, alleging Marietta's appointment was fraudulently procured. The chancery court held that Ruby and Alexander Scott Gillies (Scott), Alexander's son from a previous marriage, were the sole heirs at law of Alexander, removed Marietta as administratrix, appointed Scott as successor administrator, and voided Gillis's contingency fee contract with the Estate.
. In July 1999, the Estate sought court approval of a settlement reached with the Langston Firm on its legal malpractice claim. The Estate further sought resolution of any fee that might be owed to Gillis for his prior representation. After an evidentiary hearing, the chancery court awarded Gillis a quantum meruit fee of $21,200.
. From that judgment, Gillis appeals, raising four assignments of error, edited as follows:
I. AWARDING QUANTUM MERUIT ATTORNEYS' FEES BASED ON AN HOURLY, INSTEAD OF A CONTINGENCY BASIS.
II. REFUSING TO AWARD LITIGATION EXPENSES AND PREJUDGMENT INTEREST.
III. FAILING TO CORRECTLY IDENTIFY THE "PROCEDURAL POSTURE" OF THE CASE AND THE RELIEF SOUGHT.
IV. FAILING TO CORRECTLY IDENTIFY THE "SPECIFIC ISSUE" AT THE TRIAL COURT LEVEL.
. The Estate cross-appeals, raising the following assignment of error, similarly edited:
V. FAILING TO REDUCE THE QUANTUM MERUIT FEE DUE TO A CONFLICT OF INTEREST.
. Concluding that Gillis's appeal and the Estate's cross-appeal are not well-taken, we affirm.
FACTS
. In late 1997, Gillis first notified the Langston Firm about the Estate's legal malpractice claim against it. In January 1998, the parties began discussing a possible settlement of the claim. A few months later, the Langston Firm informed the Estate that it would admit liability, leaving the amount of damages as the only the issue to be resolved. However, soon thereafter, concerns were raised as to whether Marietta did in fact have the authority to settle the Estate's claim, and whether she and her husband were the actual heirs. These concerns arose as information about Ruby and Scott and their potential claim upon the Estate became known.
. Even amidst this uncertainty, a mediation settlement conference was held in January 1999, and a second was scheduled for March. On Febr
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