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Kalled v. Albee5/11/1998
policy and, thus, void. See Bond, 906 S.W.2d at 106; Stefanich, McGarry v. Hoeflich, 632 N.E.2d 1064, 1068 (Ill. App. Ct. 1994); Polland & Cook, 832 S.W.2d at 736; Schniederjon, 514 N.E.2d at 1202; Proctor v. Louisville & N. R. Co., 233 S.W. 736, 740 (Ky. Ct. App. 1921).
Because Attorney Albee takes the position in her brief that Kalled is not entitled to the contract amount, but deserves compensation in the form of quantum meruit, and the clients are not parties to the action, we need not discuss the merits of applying this remedy to the instant case. We recognize that other jurisdictions diverge on the question of whether to award quantum meruit to a suspended or disbarred attorney in similar situations. See Fletcher v. Krise, 120 F.2d 809, 812 (D.C. Cir.), cert. denied, 314 U.S. 608 (1941) (disallowing all recovery including quantum meruit); Greenberg v. Cohn, 582 N.Y.S.2d 597, 602 (Sup. Ct. 1992) (allowing quantum meruit); Royden v. Ardoin, 331 S.W.2d 206, 209 (Tex. 1960) (disallowing quantum meruit in contingent fee case); Kimmie v. Terminal R.R. Ass'n of St. Louis, 126 S.W.2d 1197, 1201 (Mo. 1939) (disallowing all recovery); Davenport v. Waggoner, 207 N.W. 972, 974 (S.D. 1926) (disallowing quantum meruit). Because Albee pleads that Kalled is entitled to fees based on quantum meruit, we remand to the superior court for a determination of Kalled's quantum meruit share of the fee. The court should apply traditional notions of quantum meruit doctrine in order to determine the legal fee to which Kalled is entitled based on his actual work done prior to suspension. We express no opinion as to the future application of the doctrine in determining the appropriate remedy for a suspended or disbarred attorney in similar circumstances.
Having ruled in favor of the appellant by nullifying the contract on public policy grounds and granting the remedy she seeks, we need not address her remaining arguments. Cf. Snow v. American Morgan Horse Assoc., 141 N.H. 467, 472, 686 A.2d 1168, 1172 (1996).
Reversed and remanded.
BRODERICK, J., did not sit; the others concurred.
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