Leonard v. Alexander

[386]

MARKS, J.

Plaintiff, an attorney at law, brought this action to recover for services rendered defendants in an action brought to recover damages in a malpractice action.

Plaintiff recovered judgment in the sum of $350.00 as the reasonable value of his services rendered. A motion for new trial was made and heard by a judge other than the one presiding at the trial. The findings of fact and conclusions of law were modified and judgment was rendered for defendants. There remained in the modified findings a finding to the effect that the reasonable value of the services rendered by plaintiff was $350.00. The appeal is on the judgment roll.

The case went to trial on a first amended complaint and a pleading entitled “Second Amended Complaint” but which was ordered “filed and for all purposes considered as an amendment, and further, separate, and third cause of action, to his first amended complaint on file herein and as if therein incorporated.” This pleading sought recovery for the reasonable value of the services rendered by plaintiff.

We gather from these pleadings that in the years 1922 and 1923, when Adin Alexander, Jr., was of the age of about five years, he was treated by physicians against whom the malpractice action was subsequently brought. The minor and Jennie Alexander, his mother, consulted plaintiff and employed him to bring an action for damages against the physicians. Plaintiff took the case on a contingent fee basis and brought the action. Jennie Alexander appeared in the action as guardian

ad litem

for the minor. After the trial had proceeded for several days the action was dismissed.

The minor and his mother desired to have another attorney associated with plaintiff in filing another action for damages. They signed a written agreement which was approved by plaintiff fixing the contingent fees of these attorneys, and a second action for damages was filed.

After the second suit was filed there was some dissatisfaction on the part of the minor and his mother with the services of plaintiff and the other attorney was substituted, in the place of the two attorneys, as attorney for plaintiff in the damage action. In the substitution signed by the plaintiff here, it was stated that should Adin Alexander recover, the attorney claimed that he was entitled to compensation for services rendered and that “This substitution