Michael P. Harvey Co., L.P.A. v. Ravida, 2012 Ohio 2776

Harvey, a lawyer and sole practitioner, represented Ravida and others in a federal action.
Afterward, Harvey sued Ravida in common pleas court for unpaid legal fees, alleging quantum meruit.
Harvey misplaced signed fee agreements and relied on quantum meruit to recover fees.
Ravida denied ever retaining Harvey or signing a fee agreement; other clients settled with Harvey.
Trial was to the court; Harvey attempted to testify about the fee agreement and value of services but was barred.
The trial court found no evidence countering Ravida’s claim that he never retained Harvey; Harvey appealed.
The appellate court reversed and remanded for a new trial to allow proper testimony by Harvey.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Harvey could testify in narrative form to prove the fee agreement and value of services	Harvey sought to prove agreement and service value narratively	Ravida denied any retention or fee agreement	Reversed; Harvey should have been allowed to testify
Whether the court erred in prohibiting Harvey’s testimony as a self-represented attorney	Harvey acted in dual capacity as lawyer and client	Rule 3.7 restrictions apply to witnesses, not this court trial	Error; allowed to testify in proper context
Whether lack of a written fee agreement violated professional conduct rules	Signed agreement not required to prove quantum meruit	Written agreement preferred but not fatal to claim	Reversal; lack of signed agreement not dispositive

Aultman Hosp. Assn. v. Community Mut. Ins. Co., 46 Ohio St.3d 51 (Ohio 1989) (standard for quantum meruit; admission of evidence to prove value of services)
Horen v. Toledo Pub. School Dist. Bd. of Edn., 174 Ohio App.3d 317 (Ohio 2007) (lawyer as witness in dual capacity exception)
In re Retaining Vorys, Sater, Seymour & Pease, L.L.P., as Special Counsel, 192 Ohio App.3d 357 (Ohio 2011) (exception to testimony by lawyer where not prejudicial)