Norman B. Whitton v. M. Josiah Hoover, III

Case Number
E2008-01769-COA-R3-CV

Plaintiff sued defendant, his attorney, in Sessions Court to recover an attorney fee in the amount of $1,000.00 paid to defendant for legal representation. His theories for recovery were for malpractice and breach of contract. The Sessions Judge entered a Judgment for plaintiff and defendant appealed to Circuit Court. The Circuit Court found that the contract which provided for a fee for certain legal services in the amount of $1,000.00 was unconscionable and entered Judgment for plaintiff for $1,000.00 plus other expenses. Defendant appealed to this Court. We hold on the evidence before us that the contract entered was not unconscionable, but upon the facts and law the amount of the fee was not reasonable and we reduce the fee to $500.00 and Judgment will be entered in favor of plaintiff for $500.00 upon remand.

Authoring Judge
Judge Herschel P. Franks
Originating Judge
Judge Russell E. Simmons, Jr.
Case Name
Norman B. Whitton v. M. Josiah Hoover, III
Date Filed
Dissent or Concur
No