Appellant James W. Lewis, Esq. appeals from the trial court’s denial of his motion to establish and enforce his attorney’s lien and its grant of appellee Sun C. Smith’s motion for summary judgment against Lewis’ claim for fees. We affirm the trial court’s decision granting Smith’s motion for summary judgment on the grounds that Lewis is prohibited from recovering attorney fees under the parties’ contingency fee agreement. However, we conclude that a genuine issue of material fact exists as to Lewis’ entitlement to recover a reasonable fee for his services on the basis of quantum meruit. We further conclude that the evidence clearly established Lewis’ entitlement to recover the litigation expenses advanced on Smith’s behalf such that summary judgment should have been granted in Lewis’ favor as to the expenses claim. Therefore, we reverse the trial court’s decision granting Smith’s motion for summary judgment as to Lewis’ quantum meruit recovery of attorney fees and recovery of expenses. We also reverse the trial court’s decision denying Lewis’ motion to establish and enforce his attorney’s lien as to the expenses claim. The evidence shows that Smith retained Lewis to represent her as counsel in a personal injury lawsuit. The Contract of Employment executed by Lewis and Smith provided that attorney fees would be paid based upon “a contingency fee of forty percent 40 of final recovery whether by trial or by settlement. . .” Emphasis supplied.
Lewis pursued the personal injury litigation on Smith’s behalf for almost two years. Thereafter, he negotiated a settlement of the case for $12,500.00. Smith, a Korean citizen, spoke little English, and thus, Lewis communicated with her using interpreters. Lewis claims that Judie Lee, an interpreter for Smith, had expressed Smith’s authorization of the settlement. Later, however, another interpreter called to inquire about the status of the case and indicated that Smith had not authorized the settlement. Lewis then rescinded the settlement, and ultimately, a motion seeking to enforce the settlement was successfully opposed. However, Lewis was terminated and Smith retained other counsel to further pursue the case.
