Contracts — legal services

Listen to this article

Wisconsin Court of Appeals

Civil

Contracts — legal services

Where an attorney withdrew from representation with his clients’ permission, he is entitled only to quantum meruit recovery for the value of the services provided before withdrawal, in a dispute with his former partner over fees.

“We reject Winston’s assertion that he did not withdraw from representing the parties’ joint clients. Winston was financially unable to continue representing the clients and he jointly recommended that all clients choose Guelzow to continue their cases. Winston concedes the clients did not breach the retainer agreements. Accordingly, the circuit court reasonably concluded Winston withdrew from representation.”

“Winston also argues the circuit court erred by finding Guelzow did not breach the parties’ operating agreement. Winston contends Guelzow breached the agreement to evenly split all contingency fees. We cannot agree. As the circuit court found, the parties’ agreement did not address what would happen upon dissolution of the combined firm. Further, the agreement required Winston to advance costs and to work on the cases. Once Winston stopped performing under the contract, Guelzow had no contractual obligation to split contingency fees.”

Affirmed.

Recommended for publication in the official reports.

2013AP2764 Winston v. Guelzow

Dist. III, Eau Claire County, Anderson, J., Hoover, J.

Attorneys: For Appellant: Johnson, Terry E., Milwaukee; Fetherston, Kevin Michael, Milwaukee; For Respondent: Richter, Ward I., Madison; Sullivan, Sheila M., Madison