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Matter of Conservatorship of Fallers5/31/1994
isions [in the wrongful death case] were joint. All strategies were joint. The decisions to turn down what were pretty decent offers toward the end were joint. The emotional upheaval in our lives was just as much his as it was mine."
Furthermore, Judge Rozar's contention that Roos lacked trial experience and trial preparation is likewise unfounded. Roos testified that he had from five to ten trials and over 200 other court appearances. His ten years of work in the personal injury field caused him to prepare fully for trial on several occasions. More importantly, Roos was fully prepared to try this case. Additionally, Appel contended that she never handled a jury trial in a wrongful death case, and the record is silent on her other jury trial experiences; however, she was awarded her entire contingent fee. Appel testified that if she had been incapable of trying the case, Roos would have taken over as lead chair. There is no evidence to refute this testimony. Judge Rozar merely chose not to accept Appel's and Roos's testimony--the only evidence on this issue--that Roos was capable if substitution was necessary.
III. CONCLUSION
Although Judge Rozar admitted that Roos was diligent in his representation of his clients and that he achieved an excellent result, Judge Rozar erroneously concluded that Appel, as the lead attorney, bore all the responsibilities and was more of a trial expert than Roos. Because we find insufficient support in the record to uphold Judge Rozar's Conclusions, we reverse the probate court's judgment and remand with instructions to award Roos his contingent fee.
EDWARD C. VOSS, Judge
CONCURRING:
JEFFERSON L. LANKFORD,
Presiding Judge, Department C
WILLIAM F. GARBARINO, Judge
Page 1 2 3 4 Arizona Personal Injury Attorneys
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