Barker's Estate, In re

• Decision Date: 09 April 1954
• Citation: 75 So.2d 303
• Parties: In re BARKER'S ESTATE. HALL et al. v. LEE et al.
• Court: Florida Supreme Court

Page 303

75 So.2d 303

In re BARKER'S ESTATE HALL et al. v. LEE et al.

Supreme Court of Florida, en Banc.

April 9, 1954.

On Rehearing Oct. 26, 1954.

H. H. Taylor, George T. Clark, Ward & Ward, Miami, and Ausley, Collins & Ausley, Tallahassee, for appellants.

Worley, Gautier & Dawes, Miami, and Garey & Garey, New York City, for appellees.

Lyle D. Holcomb and D. H. Redfearn, Miami, as amici curiae for the Rpobate and Guardianship Committee of the Florida Bar.

TERRELL, Justice.

This appeal is from a decree of the Circuit Court reversing a judgment of the County Judge's Court impressing a lien for attorneys' fees on the share of a legatee in the estate of Abram Barker. We think the record shows an agreement on the part of appellants Hall & Hedrick to perform legal services for appellee Wilma Hatch Lee, the compensation being a definite percentage of the sum recovered. It also shows that the services were efficiently performed and resulted in a large judgment for appellee. When the purpose of a contract is accomplished it is too late to haggle over its validity, there being no contention that the parties did not have power to make it. This is all the more true when its terms are so plain that it defies interpretation. A lawyer's compensation, like that of every man who labors, is his bread and butter. When his contract is completed he is entitled to his pay and should not be forced to a suit to collect it. Such controversies are to be avoided so far as compatible with self-respect and his right to reasonable compensation for his services. Litigation to recover a fee is very embarrassing and is never resorted to except in cases to prevent injustice, imposition or fraud. 31 F.S.A. Rule 14 of Rule B, Ethics Governing Attorneys, 145 Fla. 784. An attempt to evade payment of an attorney's fee comes in poor grace after the work is done, the results accomplished and there is no question of bona fides. The probate judge was of this view and required payment of the fee. We think his judgment should be affirmed on authority of In re Warner's Estate, 160 Fla. 460, 35 So.2d 296 and like cases. This view was in keeping with the purpose of the Probate Act, F.S.A. § 731.01 et seq.

The judgment of the Circuit Court is accordingly reversed with directions to affirm the judgment of the Probate Court.

Reversed with directions.

THOMAS, HOBSON and DREW, JJ., concur.

ROBERTS, C. J., and SEBRING and MATHEWS, JJ., dissent.

SEBRING, Justice (dissenting).

As I understand the record in this cause, the sole basis for the recovery of the attorneys' fees in the county judge's court was a contingent fee contract entered into by the attorneys and the legatee on April 14, 1947, which reads as follows:

'Under the circumstances I think our charges to you should be on the basis of twelve and one-half percent (12 1/2%) of what you receive from the estate, provided the case is concluded in the Probate Court; if it is appealed, fifteen percent (15%) of what you receive; if the case is settled before concluding it in the Probate Court, a fee of ten percent (10%).

'Of course, this is a contingent fee and if you lose the case we receive nothing. * * *

'Accepted: /s/ Wilma H. Lee (legatee).'

In answer to the petition filed by the attorney in the county judge's court based upon the contract, the legatee asserted, among other defenses, that the retainer agreement had been terminated by her twelve days after its execution; that the retainer agreement was procured through fraud and overreaching; that the services rendered by the attorneys were of a minor and inconsequential nature; that the petition should be dismissed for the reason that the county judge's court was without jurisdiction to determine the issues presented; and that the controversy was one as to which the legatee had the right to trial by jury.

At the hearing upon the petition and answer the legatee introduced into evidence a letter dated April 26, 1947, addressed to the attorneys, containing the following statement:

'Sirs: * * * the aggregate cost of this litigation to me will not permit retaining your firm upon the terms outlined in your letter of the 14th instant * * * and I am therefore terminating your retainer * * *.

'/s/ Wilma H. Lee'

At the conclusion of the hearing the county judge overruled the respondent's objections as to jurisdiction, and entered a judgment in which he found that the attorneys were 'entitled to 15% of the net estate received by (the legatee) and * * * entitled to a lien on the estate to secure payment of the fee.'

Upon appeal to the circuit court an order of reversal was entered in which it was found among other things, that the county judge's court, sitting as a court of probate, did not have jurisdiction to decide...