160 Ga. App. 310 | Ga. Ct. App. | 1981
Plaintiff Marvin P. Nodvin, an attorney, brought this action against Lou W. Krabe, a client, for an amount claimed due as the remainder of a fee for representing him in three lawsuits. Krabe had
Krabe denied that he agreed to the revised fee. He testified: “I didn’t feel like I owed him any more money ... I told him I wasn’t going to pay him any more money, but that I just sent him the $200 just to get rid of him, and thought that would be the end of it.” He stated the only fee discussion was on the original action “that was agreed upon to — for $500. The next time there was any mention of any additional money was when I received a statement, and at that time I called Mr. Nodvin and objected to it, because I thought we’d already reached the agreement that — uh—the lawsuit would cost me $500.”
Trial was before the judge without a jury and he found all legal services furnished by plaintiff constituted one legal matter and plaintiff had agreed to represent the defendant in that legal matter for a fee of $500. Plaintiff appeals from judgment for defendant. Held:
1. It was established that Krabe did not authorize Nodvin to file an action in his name against K.J.F. Corporation and that Nodvin billed Krabe $100 as the fee for filing that action — which he settled with K.J.F. for $200, and that Krabe turned over the entire $200 to Nodvin — which he kept. Thus, the issue is narrowed to the correctness of the trial court’s finding as to whether the first two actions constituted “one legal matter.”
2. The first action by Selig against Krabe was the result of a lease. Selig assigned that action to K. J.F. The same law firm that filed and dismissed the Selig action refiled the second action in K.J.F.’s name on the same issue. Nodvin was asked: “... it was the same lease and the same legal problems, right? A. I would say they’re basically the same problems, that is correct, but were separate actions.”
Krabe testified: “ [H]e led me to believe that it was just a matter of a couple of phone calls, that he could get this resolved ... I stated that I thought $500 was a little bit high...” Then Krabe was served with the second action: “As far as I know, they were identical — except for the difference in who was suing me.” Krabe stated that fee was discussed only once and that there was an agreement on $500. Nodvin’s fee was never confirmed in any writing — except the final billing after settlement of the action with opposing counsel.
A contract of employment between an attorney and client is subject to the general law of contracts. See generally 2 EGL 337, Attorney and Client, § 36. Such contracts may be oral or in writing. Code Ann. § 20-106 (Code § 20-106). Construction of such contracts is a question of law for the court (Code Ann. § 20-701 (Code § 20-701)), and where as here the judge sits as the trier of fact his findings shall not be set aside “unless clearly erroneous.” Code Ann. § 81A-152 (CPA § 52; Ga. L. 1969, pp. 645, 646; 1970, pp. 170, 171); City of Atlanta v. McLennan, 240 Ga. 407 (2) (240 SE2d 881). The facts found by the tried court eire supported in the record by the testimony of the defendant and are not clearly erroneous. Accordingly, we must affirm. The appellant’s enumerations of error are without merit.
Judgment affirmed.