Robert L. Wheeler, Inc. v. Scott

777 P.2d 394 (1989)

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Nature of the Case

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Facts

D, a geologist and a geophysicist, hired P to represent him after he was unable to pay a business loan. P represented D in the collection and lien foreclosure action filed by United Oklahoma Bank. In the first five months of representation, D was billed for legal services in the amount of $54,275.37 representing 524.5 hours and averaging 108.5 hours per month which he paid. During the next five months, D was billed $85,841.50 for legal services representing 753.4 hours, averaging 150.6 hours per month which he did not pay. The bank moved for summary judgment. Two days before the hearing on the bank's motion, P told D that if the attorney fees were not paid, he would withdraw from the case. D did not pay, and P did not withdraw. A first-year associate was sent to oppose the bank's motion for summary judgment. The bank's motion was granted, and P withdrew from the case. D retained new counsel, and the case was settled. P sued D and D claimed he was billed a total of 1295.9 hours. However, a first-year associate, who had failed to pass the bar at the first sitting, and who had been admitted to the bar for only five months before beginning work on the case, billed 853.5 hours at $110.00 an hour. D also claimed the lawyers representing the bank charged the bank $75,534.10 for 850 hours. These hours were for three attorneys with an average of ten to twenty years of experience, who normally bill at $ 150.00 an hour. Because the lawyers are on retainer with the bank, they reduced their normal hourly rate in this case. D also claimed the foreclosure was a simple case complicated by unfounded and legally unsound assertions by P. The bank's lawyer repeated these assertions at the hearing on attorney fees, and he also testified that his first-year associates were billed at $85.00 an hour. The bank received $75,534.10 in attorney fees. The trial court reduced the hourly rate of the first-year associate from $110.00 to $ 80.00, and the total attorney's fee from $140,116.87 to $ 125,723.00. D appealed. The Court of Appeals affirmed. D appealed