294 A.3d 994
R.I.2023Background
- Oliveira, an attorney, began representing Levesque in a family-law matter on January 13, 2020 under a letter of representation requiring $5,000 retainers to be billed against.
- Levesque paid two $5,000 retainers; services exhausted the retainers and unpaid invoices accumulated for a total unpaid balance of $12,907.02 after termination of representation in July 2020.
- Oliveira sent three invoices and four requests for admission; Levesque answered only the first request and failed to respond to the others, which were deemed admitted under Super. R. Civ. P. 36(a).
- Oliveira moved for summary judgment, submitting the letter of representation, invoices, requests for admission, and an affidavit; Levesque did not file an opposition and did not appear at the summary-judgment hearing.
- The Superior Court granted Oliveira’s unopposed motion and entered judgment for the unpaid balance; Levesque appealed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid legal fees | Oliveira: Contract and invoices show Levesque owes $12,907.02 | Levesque: Bills were fraudulent, she was unaware fees exceeded retainers, sought settlement | Court: No genuine factual dispute; liability established; judgment affirmed |
| Effect of unanswered Requests for Admission | Oliveira: Levesque’s failure to answer renders facts admitted under Rule 36 | Levesque: Did not answer; contends she tried to negotiate and believed case settled | Court: Unanswered RFAs deemed admitted as a matter of law |
| Appropriateness of summary judgment given pro se status/absence | Oliveira: Motion was unopposed and supported by competent evidence | Levesque: Did not appear, claimed belief case was settled after removing negative review | Court: Pro se status does not excuse procedural defaults; summary judgment proper |
| Allegations of fraud/timely notice/settlement conduct | Oliveira: Invoices and affidavit are competent evidence of fees owed | Levesque: Alleged fraudulent billing, failure to provide timely invoices, bad-faith settlement conduct | Court: Allegations unsupported by competent evidence; do not create a triable issue |
Key Cases Cited
- Regan Heating and Air Conditioning, Inc. v. Arbella Protection Insurance Company, Inc., 287 A.3d 502 (R.I. 2023) (standard of review for summary judgment)
- Dulong v. Merrimack Mutual Fire Insurance Company, 272 A.3d 120 (R.I. 2022) (summary-judgment standards)
- Borgo v. Narragansett Electric Company, 275 A.3d 567 (R.I. 2022) (affirmance standard for summary judgment)
- Andrade v. Westlo Management LLC, 276 A.3d 393 (R.I. 2022) (opponent’s burden to show disputed material facts)
- Terzian v. Lombardi, 180 A.3d 555 (R.I. 2018) (pro se litigants are given leeway but remain subject to procedural rules)
- Jacksonbay Builders, Inc. v. Azarmi, 869 A.2d 580 (R.I. 2005) (courts will not entirely overlook procedural rules)