Jacobs

BACKGROUND

I. This appeal stems from competing claims for fees by three attorneys or law firms who successively represented clients Brian and Diane Friedland in their dispute with a driver who injured Mr. Friedland in a car accident. We take the facts from the complaint’s allegations and attached exhibits. Each of the three attorneys or firms represented the Friedlands on a contingency fee basis under a written retainer agreement. The first firm, which is not a party to this case, represented the Friedlands for about 18 months, without filing any litigation. In 2019, the Friedlands signed contingency fee agreements to retain a new attorney, defendant Papez. The fee agreements specified that Papez would receive 40 percent of any recovery he obtained for the Friedlands after the filing of an action. The agreements further provided that Papez would have a lien for attorneys’ fees and costs against the proceeds of any recovery obtained. In July 2019, after unsuccessful efforts at mediation, Papez filed a personal injury action on behalf of the Friedlands against the driver. Later that month, the Friedlands and Papez terminated the representation. The day before he formally withdrew…