Gleason

This is an action by a law firm against a former client for fees for services rendered. The complaint alleges three causes of action: (1) a common count for “the agreed and reasonable value” of services rendered to defendant Klamer at his special instance and request; (2) an open book account; and (3) an account stated. The trial court entered summary judgment in favor of plaintiff on the ground plaintiff had proved an account stated. Defendant appeals.

In March 1976 defendant retained the law firm to represent him in his marriage dissolution and agreed to pay the firm a reasonable fee of not less than $100 per hour for members and $75 per hour for associates.

Prior to the termination of the dissolution proceedings, the firm ceased representing defendant on January 13, 1977. The basis for the asserted account stated was the bill which the firm sent to defendant on March 14, 1977, and defendant’s reply thereto on March 25, 1977.

The bill was set up as follows:

Attached to the statement was a brief summary of the services rendered in December, January, and February.

Attorney Simke wrote a letter accompanying the statement, stating: “Enclosed please find itemized…