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Mullis v. Sikes

Law firm's receipt of compensation for the quantum meruit value of its services barred its recovery on its attorney fee lien.

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Gerald Mullis, P.C. appeals from the trial court’s grant of Marilyn Ann Sikes’ motion to quash his attorney fee lien. For the reasons set forth below, we affirm.

Sikes had hired the Mullis firm to represent her in a personal injury matter on a contingent fee basis. While the Mullis firm was handling the case, one of the three tortfeasors settled with Sikes, and Mullis received $3000 based upon the terms of the contingent fee contract. Thereafter, while the action against the two remaining defendants was pending, Sikes discharged the Mullis firm and hired Jason Priebe, a former associate of the Mullis firm. Prior to his resignation from the Mullis firm, Priebe had worked on Sikes’ case.

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