Fine v. French, 2018 Ohio 2256

Jamie M. French retained Attorney Mona J. Fine in April 2013 for a contentious child custody/visitation matter under a written retainer charging $185/hour and containing clauses for post‑judgment interest and collection costs (Clause 7 and Clause 15).
Fine claimed total fees of $16,970.50; French paid $11,000, leaving $5,970.50 unpaid.
Law Office of Mona J. Fine sued in Mt. Vernon Municipal Court on May 8, 2017 (complaint on account; also pleaded breach of contract and unjust enrichment).
After pro se filings by French and a bench trial, the trial court awarded $5,970.50 (unpaid fees), $1,194.10 (collection attorney fees = 20% of the unpaid balance), ten percent interest from Sept. 25, 2013, and court costs.
French appealed, raising (1) that awarding collection attorney fees violated the American Rule / was unconscionable and (2) that the court erred in awarding unpaid fees without expert testimony on reasonableness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly awarded collection attorney fees under the retainer (Clause 15)	Fine: Clause 15 authorizes recovery of fees/costs for collecting bills over 60 days; collection fees are contractually recoverable	French: Clause is one‑sided/unconscionable; American Rule precludes shifting fees absent statute or clear contract; cannot impose a 20% contingency mid‑trial	Court: Clause 15 applied; French failed to plead unconscionability/illegality as an affirmative defense, so argument waived; award of $1,194.10 affirmed
Whether the court erred in awarding unpaid contractual fees without expert testimony that fees were reasonable	Fine: Fee agreement fixed compensation; Fine testified about her qualifications, the contentious nature of the case, and reasonableness of fees	French: Reasonableness must be proved by expert testimony; absence of expert renders fee award error	Court: Fee evidence by Fine was admitted without timely objection; French waived challenge to Fine's testimony; award of $5,970.50 affirmed

Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 (U.S. 1975) (American Rule: each party bears own attorney fees absent statute or enforceable contract)
Miller v. Kyle, 85 Ohio St. 186 (Ohio 1911) (attorney‑fee stipulation may be unenforceable where it promotes litigation or evades usury/public policy)
Climaco, Seminatore, Delligatti & Hollenbaugh v. Carter, 100 Ohio App.3d 313 (10th Dist. 1995) (attorney compensation generally fixed by contract; once fiduciary relationship exists attorney must show reasonableness of fees)
Jacobs v. Holston, 70 Ohio App.2d 55 (Ohio App. 1980) (discussing compensation and fee determination principles)