Q1) Yes, Mr.Morey is entitled to fees for his work though he didn\'t complete th
ID: 372941 • Letter: Q
Question
Q1) Yes, Mr.Morey is entitled to fees for his work though he didn't complete the work as he was the one who worked for 2.5 years on the case and brought the case to settlement for a decent amount. Morey's work involved his efforts, time, legal and document costs etc. Hence, as per the standard attorney fee of 33% where both Morey and Smith have worked, the amount would have been split and distributed between Morey and Smith.
Q2) Mr.Smith has settled the case for a higher amount compared to Morey but the amount of work he did is relatively much lesser compared to what Morey did. It makes sense to distribute the attorney fee of the lawyers, Smith and Morey among themselves as both contributed to the settlement. But as Smith has no legal contract or documentation with G.B., the settlement should be made through discussions between the two.
Q3) When one party offers to perform the obligation, but the other party refuses to acccept the performance, the first party is discharged from its obligations.
In this case Morey and G.B. had a contract which was cancelled by G.B. without settling it with Morey. The entire settlement amount was given to Smith. This was challenged by Morey in supreme court and the investigation is in progress.
Explanation / Answer
Read the January 4, 2011, Oregonian article entitled “Priest sex abuse victim’s lawyers claim most of his $900,000 settlement.” In your opinion, was Mr. Morey entitled to any fees for his work on the case even though he didn’t complete the work? What about Mr. Smith, who settled the case three days after being hired? Analyze the issue using the concepts from the chapter on Performance and Discharge.
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