Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 11

Marlan's son was arrested for driving while intoxicated and had to hire an attorney to defend him in court. The attorney requested to be paid $1,500, one-half in advance and the remainder at the conclusion of the court hearing. Because the son did not have the funds, Marlan, in the presence of several other attorneys in the law office, told his son's attorney that he would pay the fee out of his own pocket following the court hearing. Because Marlan was a well-to-do businessperson in the community, the attorney agreed to these terms. Following the court hearing in which the son was convicted, Marlan refused to pay as agreed, claiming that the attorney had done a poor job representing his son. The attorney sued, but Marlan defended, claiming that his agreement to pay was not legally binding on him because it was made orally. Can the attorney collect her fee?