Feingold v. Pucello case brief summary
654 A.2d 1093 (1995)
Appellant attorney sought review of an
order of the Court of Common Pleas of Montgomery County
(Pennsylvania), which ruled in favor of appellee client in
appellant's quantum meruit action seeking payment of attorney
services performed on appellee's personal injury claim.
FACTS Appellant attorney brought a quantum
meruit action against appellee client, seeking payment of attorney
services performed on appellee's personal injury claim before
appellee rejected appellant's contingent fee agreement. A board of
arbitrators unanimously found for appellee. Appellant sought judicial
review, and the trial court found in favor of appellee on the ground
that appellant did not have a quantum meruit claim because the
parties never even entered into an attorney-client relationship.
review, appellant argued that appellee orally agreed to have
appellant represent him, so he was entitled to be paid for the work
he did even though appellee never signed a written fee agreement.
court affirmed, holding that appellant was not entitled to the
equitable remedy of quantum meruit because he came to this court with
unclean hands by proposing a contingency fee of 50 percent of the
recovery and failing to comply with Pa. R. of Professional Conduct
1.5(b), which required attorneys to state their contingency fee in
writing before, or within a reasonable time after commencing
Additionally, the court held appellant's claim failed
on its merits.
CONCLUSION The court affirmed the trial court's
order denying appellant attorney's quantum meruit action for payment
of attorney services performed on behalf of appellee client because
appellant's unclean hands and appellee's rejection of appellant's
services clearly precluded any quantum meruit recovery.
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