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Somuah v. Flachs11/26/1997
Opinion by Alpert, J.
Appellee, Jeremy Flachs, brought suit against appellant, Millicent Somuah, in the Circuit Court for Prince George's County to recover the reasonable value of legal services he had provided to her. Both parties filed motions for summary judgment, which were denied. At trial, both parties moved for judgment; those motions were also denied. The case was ultimately submitted to a jury, which found in favor of Mr. Flachs, and awarded him $19,946.01. Ms. Somuah filed a motion for both JNOV and a new trial. Those motions were denied, and this timely appeal followed.
ISSUES
Ms. Somuah raises three issues, which we consolidate, reorder, and rephrase:
I. Did the circuit court err by refusing to instruct the jury that when a lawyer fails to inform a prospective client that he is not admitted to practice in the state where suit will likely be brought, that failure constitutes cause for that lawyer's discharge?
II. Did the circuit court err by failing to grant either Ms. Somuah's motion for summary judgment or her motion for judgment at trial on the ground of Mr. Flachs' failure to inform Ms. Somuah of his lack of a license to practice law in Maryland?
FACTS
This unfortunate case arises out of a March 8, 1992 automobile accident in Prince George's County in which Ms. Somuah was badly injured. After the accident, she was taken to Prince George's Community Hospital, where she spent several weeks recovering from her injuries.
At the time of the accident, Ms. Somuah was a Virginia resident. Several weeks after the accident, her brother (who was apparently also a Virginia resident) contacted Mr. Flachs about the possibility of filing a lawsuit on Ms. Somuah's behalf. Mr. Flachs is a lawyer who is licensed to practice in both Virginia and the District of Columbia.
On April 3, 1992, Mr. Flachs visited Ms. Somuah at the hospital, and interviewed her with the help of her son, Christian. During that visit, Mr. Flachs never informed Ms. Somuah that he was not licensed to practice in Maryland. At the end of the meeting, Ms. Somuah retained Mr. Flachs to represent her in any future lawsuit involving the accident. The retainer agreement reads as follows:
AGREEMENT
AGREEMENT entered into this 3 day of April, 1992, by and between Jeremy Flachs, Attorney-at-Law, and Millicent Somuah, Client.
ATTORNEY agrees that he will represent Client in the following matter only:
personal injury in auto accident on 3/8/92 on Indian Head Highway
CLIENT agrees to compensate Attorney for his services in the following manner:
[EDITOR'S NOTE: TEXT WITHIN THESE SYMBOLS [O> <
(a) Payment of a retainer upon execution hereof in the amount of $________.
(b) $________ per hour.
(c) Minimum fee of $________, non-refundable. [O> <
(d) One Third 1/3 of any amount received by Client (in the claim described above) whether by way of compromise or by actual litigation in any court, said fee to be deducted before payment of expenses, including medical bills.
CLIENT agrees that he will be responsible for actual court costs if a suit is filed, and that in the event of a settlement of his claim before or after suit is filed, that the fee provided for herein and such actual costs as may have been incurred shall be a lien upon any money received or recovered in this case.
CLIENT agrees to pay all costs of investigation, preparation and trial of the case, and authorizes and directs Jeremy Flachs to deduct from the Client's share of proceeds, and
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