Skelly

Underlying Circumstances

The following facts emerge from a lengthy transcript construed favorably to the successful plaintiff with some emphasis on conflicting aspects which are significant to contentions made by defendants and with one or two concessions by plaintiff somewhat adverse to his position.

Robert J. Schmorleitz (Schmorleitz) and Edward J. Skelly (Skelly), both attorneys, had offices in the same building. They were not partners or regular associates but occasionally referred business back and forth.

A. V. Bamford (Bamford) was a sometime client of Schmorleitz. Bamford had a cause of action against Edward M. Granz (Granz) for substantial monies (disputed as to specific amount) which had been withheld by Granz from Bamford in connection with a joint venture the two had carried out. It eventuated that the dispute had to be tried in court. Schmorleitz had Bamford take the case to Skelly because the latter was a trial attorney. An independent attorney-client relationship was created between Skelly and Bamford. They orally agreed to a fee arrangement whereby Skelly’s fee would be contingent upon recovery of monies from Granz and payable therefrom, and whereby the…