Walton

Plaintiff, an attorney, appeals from a judgment of the Superior Court of Calaveras County cancelling a $7,500 note for attorneys’ fees, executed by defendants.

Defendant Joseph Broglio was arrested in San Francisco on July 26, 1972, and indicted for violation of section 523 of the Penal Code: sending threatening letters with intent to extort money. Upon his arrest, Joseph telephoned his wife Angelina and asked her to call Mr. Lucas, an attorney who was then associated with plaintiff, to arrange bail. The Broglios were business clients of the plaintiff’s law firm at that time, although they had not met plaintiff himself.

The next day Mr. Lucas advised the Broglios that plaintiff would be handling the case because of his greater expertise in criminal matters and the four of them met together. Plaintiff agreed to represent the Broglios for a fee of $15,000. Although Joseph Broglio testified that he never said “Yes” or “No” to any question as to the matter of fees, it is undisputed that this was the amount stated by plaintiff, and that plaintiff later actually did represent Mr. Broglio on the criminal charge. The Broglios paid $4,000 cash to plaintiff at the first interview…