Ralph B. Defenbach, as Trustee v. R. Max Etter and Paul C. Keeton

Etter and Keeton, appellees, are attorneys. They represented appellant De-fenbach, assignee for the benefit of creditors of Robert Weyen, now deceased, in a successful attempt to recover for the benefit of creditors the proceeds of a number of insurance policies on the life of Weyen over the opposition of Weyen’s relatives. By reason of the inability of Defenbach and the attorneys to arrive at an agreement concerning either the amount of attorneys’ fees or the formula according to which such fees should be paid, the attorneys filed an attorneys’ lien against a check for more than $60,-000 paid pursuant to the judgment. Thereafter the attorneys sought to foreclose this lien.

The trial judge who presided over the original case heard and determined this issue. He found that the services were performed without a specific contract as to attorneys’ fees and that for all practical purposes the employment was on the basis of a contingent fee since it appeared that the attorneys would not have been paid any fee if the litigation had not terminated successfully. On the basis of such finding he awarded the attorneys $15,000.

Defenbach’s sole complaint is that the court’s finding of a…