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Doman v. Stapleton

Issues involving the sufficiency of the evidence at an arbitration hearing were not subject to review.

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This is a continuation of Doman v. Stapleton .1 In the prior appeal, we affirmed an arbitration award that found that attorney Theodore Stapleton had justifiably withdrawn from representation of his client, Dr. Alexander Doman; and that, in view of the consequent termination of the parties’ fee contract, Stapleton could recover the reasonable value of legal services rendered to Doman under a quantum meruit theory; but that the arbitrator did not have jurisdiction over the attorney fee claim in that proceeding. Before that arbitration award was confirmed by the trial court, Stapleton filed a demand to arbitrate his attorney fee claim against Doman. The arbitrator ultimately entered an award in Stapleton’s favor. This is an appeal by Doman from the second arbitration award. We again affirm.

Doman retained Stapleton to recover an $832,447.62 judgment that Doman obtained against his former partner, Dr. Julio Banderas who had instituted bankruptcy proceedings. The employment contract between Doman and Stapleton provided for a fee of ten percent of any gross amount collected with a cap of $70,000 plus costs. The employment contract was silent as to Stapleton’s compensation if he withdrew from representing Doman.

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