Jones v. Brown

DORAN, J.

The herein alleges that on February 8, 1944, the appellants Brown engaged the respondent J ones, an attorney at law, to prosecute an action for damages

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against one Gerald J. Altfilisch. The damages in question were alleged to have been suffered by Caroline Brown as a result of being struck by an automobile driven by the said Altfilisch. It is further alleged that the respondent filed a complaint on behalf of the appellants, served the defendant Altfilisch, set the case for trial, and “was willing to do everything necessary to be done in said cause and to present the same for trial and to fully complete all of his part of the said contract,” but that on or about October 6, 1944, the Browns “without any just cause or reason therefor did discharge the plaintiff as their attorney and did dismiss him from the said case and did engage other attorneys”; that said other attorneys completed-the case and recovered a judgment in appellants’ favor in the amount of $20,987.68.

The contract referred to was in writing, signed by both clients, by Attorney Jones, and by two witnesses. It is apparently complete except that the date “_day of February, 1944” is not filled in. By this contract appellants “retained” Jones “as their attorney”; the attorney “accepts the employment . . . and agrees to render his best service and use his best endeavor to obtain a full and satisfactory adjustment and to protect and conserve every right, claim and interest of said first parties (appellants) arising out of this accident or claim.” As attorney fees and compensation it is agreed that Clarence A. Jones “shall receive 33% per cent of whatever money received, directly or indirectly of either party hereto, in compromise or settlement of said matter or claim from said negligent party or by any person, company, firm, or corporation for and on behalf of said negligent party.” The contract then provides that said attorney “shall have lien on any judgment or money received or that may be obtained from said negligent party. ’ ’

Answering this complaint the appellants Brown admit the execution of “ a certain agreement in writing, employing plaintiff as their attorney,” but are “unable to remember the exact terms of the said agreement.” The answer further alleges “that they had just cause for requesting plaintiff to withdraw as attorney ... in that plaintiff is a negro and was employed by defendants upon the condition that he associate with him in the preparation and trial of the action white counsel; further, that Jones had been negligent in the conduct of the case, in failing to have the case set for trial until after the clients had requested his withdrawal, in failing to take