LLC v. Vernal Ramsey (2001)

MEMORANDUM OF DECISION

The plaintiff law firm brings this action to collect legal fees for services rendered to the defendant.   The complaint sounds in Breach of Contract, Quantum Meruit, Promissory Estoppel and Unjust Enrichment.

The defendant admits he entered into a Professional Services Agreement with the plaintiff, but by way of defense claims the plaintiff failed to provide services timely and acted “negligently and insufficiently” in handling the matter.

The plaintiff was retained to represent the defendant (Ramsey) in a suit to be brought in the Federal Court alleging racial and employment discrimination.   He told Attorney Roberson he had two witnesses to the incidents he was alleging.   The suit had to be brought quickly because of the approaching statutes of limitations, which was done.

As it turned out the two witnesses would not cooperate in voluntarily providing evidence on Mr. Ramsey's behalf, and Attorney Roberson was facing difficulty contacting Mr. Ramsey to discuss the case and the events transpiring.

Letters and attempted telephone calls went unanswered despite Attorney Roberson's efforts.   Reference is made to plaintiff's exhibit 2 which contain letters sent to the defendant between February 2008 and December 2008.

Mr. Ramsey, in his testimony admitted he stopped communicating with the plaintiff claiming he was “losing faith” in him.

Meanwhile, Attorney Roberson had to deal with motions being filed by Mr. Ramsey's employer, Network Installation Services, Inc., which he did until the case was concluded by Summary Judgment in favor of Ramsey's employer.

At the trial of this case, the Court had the Professional Services Agreement between the parties (exhibit 1), which provided for the hourly rate of $250 for Attorney Roberson and $190 for Attorney Christopher Hite, his associate.   It also had the billing history (exhibit 3) detailing with specificity the billings supporting its claims for damages.   Further, appended to the professional services agreement is a schedule of costs or expenses likely to be incurred.

The plaintiff has established the reasonableness of its billings.

There is one adjustment to be made.   The sum of $200 is deducted from the bill which is a credit to the defendant for going to the Federal Court in Bridgeport, which he was told to do by the plaintiff, only to find his case was not docketed.   He is credited for eight hours @ $25.00 per hour.

Accordingly, judgment shall enter in the first count (Breach of Contract) in the amount of $16,165.53 plus costs as assessed by the Clerk.

Because the Court found an express contract the plaintiff cannot recover under the remaining counts.   See Poirot v. Marinas, AC 31408, (August 1, 2010).

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.