 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Church v. Hofer11/10/1992
by one other than the client. It does not speak to which party has the obligation to pay the attorney. It is not dispositive of this issue. In addition, American Bar Association opinions are not binding on this Court.
Church also relies on Carter v. Wooley, 521 P.2d 793 (Okl. 1974) which states:
Where an attorney renders beneficial services to another, who knowingly accepts the benefits thereof, a promise to pay the services' reasonable worth may be implied, unless the circumstances show that the services were intended to be gratuitous; and this rule may apply even though the other is also being served by its own attorney.
It is correct that a contract may be implied where services have been rendered and voluntarily accepted by another. However, the attorney must expect to be paid by the person receiving the service. Church was employed by Insurance Company to represent Hofer. The contract, whether implied or express, was between Church and Insurance Company. All parties expected Insurance Company to pay Church for his services.
Insurance Company was obligated to defend Hofer in the federal legal actions. It hired Church to do so. Though Hofer became Church's client, with all the ethical considerations that are part of the attorney-client relationship, it did not become obligated to pay for Church's services. In Parkhill Truck Co. v. Reynolds, 359 P.2d 1064 (Okl. 1961) the Supreme Court said:
A contract, express or implied, forms the basis of, and is generally essential to, recovery for work and labor performed. Even in the absence of an antecedent agreement, the law will raise an implied contract to pay for services rendered when they were performed under such circumstances as to give the recipient thereof some reason to think they are not gratuitous, not performed for some other person, but with the expectation of compensation from the recipient to whom the service is beneficial. If one merely accepts or knowingly avails himself of the benefit of services rendered for him without his authority or request, he becomes liable therefor. It therefore follows that an obligation arises when, as in the instant cause, services beneficial to the party, are procured with his knowledge, consent and approval and upon his express promise to pay compensation therefor. (Citations omitted.) (Emphasis added.) Parkhill, at 1066, 1067.
To raise an implied contract, this expectation to be paid by the recipient of the services must have arisen when the services were performed. Church states he does expect Hofer to pay for the services. However, attached as evidentiary material to Hofer's Motion for Summary Judgment is a letter from Church to Hofer during the pendency of the federal litigation. In that letter, Church acknowledges the accumulating legal fees and states the expense is covered by Hofer's liability insurance. There is further evidentiary material that shows Insurance Company was billed by Church for fees during the pendency of the federal litigation. An expectation for payment from Hofer after Insurance Company went into receivership is not sufficient to allow Church to recover under a quantum meruit theory.
Where there is no substantial controversy as to the material facts, and one party is entitled to judgment as a matter of law, summary judgment is proper. Ross v. City of Shawnee, 683 P.2d 535 (Okl. 1984). There was no material fact in controversy, and Hofer was entitled to judgment as a matter of law.
AFFIRMED.
ADAMS, P.J., and JONES, J., concur.
|