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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Robert L. Wheeler, Inc. v. Scott
Citation:
777 P.2d 394 (1989)Facts
Robert L. Scott, a geologist and geophysicist, hired Robert L. Wheeler to represent him in a collection and lien foreclosure action after he was unable to pay a business loan. During the first five months of representation, Scott was billed $54,275.37 for 524.5 hours (averaging 108.5 hours per month), which he paid. In the next five months, Scott was billed $85,841.50 for 753.4 hours (averaging 150.6 hours per month), which he did not pay. When the bank moved for summary judgment, Wheeler threatened to withdraw if not paid, but instead sent a first-year associate to oppose the motion. After summary judgment was granted against Scott, Wheeler withdrew from the case. Scott retained new counsel and eventually settled with the bank. Wheeler then sued to collect the unpaid fees, and Scott contested them as excessive, noting that the bank’s attorneys (with 10-20 years experience) charged only $75,534.10 for 850 hours in the same case.
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