Altschul

Attorney John A. Altschul appeals from the summary judgment granted in an action brought by Altschul against Attorney Hill Sayble wherein appellant sought to recover money allegedly owed by respondent pursuant to said attorneys’ fee-splitting/referral fee agreement. The trial court held that the contract was against public policy and unenforceable.

Facts:

On March 24, 1971, appellant informed respondent that one of appellant’s divorce clients, Robert E. Smith, had been injured in a motorcycle accident. Appellant asked respondent to represent Smith in connection with his personal injury claim arising from the accident. Respondent agreed, and he also agreed, in return for the work already done by appellant in gathering facts and preserving the case, to pay one-third of any fees recovered to the appellant’s law firm plus an additional 10 percent of such fees to appellant individually. On the same date, respondent obtained Smith’s signature on a retainer agreement, to which appellant’s name was later added.

The complaint on behalf of Smith was filed on April 6, 1971. An association of attorneys dated April 7, 1971, was executed by respondent with appellant’s law firm in…