BROWN & BAIN, P.A. v. O’QUINN
The Ninth Circuit Court of Appeals today released an opinion in BROWN & BAIN, P.A. v. O’QUINN, No. 06-15931, a diversity appeal. The panel consisted of John T. Noonan, Sidney R. Thomas, and Jay S. Bybee, Circuit Judges.
NOONAN, Circuit Judge:
Brown & Bain, P.A. (Brown & Bain), a Phoenix law firm, sued John M. O’Quinn, et al. (O’Quinn), a Houston law firm, for fees owed to it on the termination of a lawsuit. The district court gave judgment for Brown & Bain. O’Quinn appeals. The case is not without interest for the professional responsibility of lawyers inter se. We affirm the judgment of the district court. FACTS In 1991, approximately nine hundred claimants in the Phoenix area joined in a suit against Motorola alleging damages of over $100 million from environmental contamination. The law firm bringing the action dissolved. In 1993, O’Quinn took on the representation of most of the claimants (the McIntire Plaintiffs). Per contract with O’Quinn, each plaintiff agreed that O’Quinn would be paid a contingent fee of 40% “of the total sums or fair market value of property collected or received from trial or settlement of Client’s claims.” Each client was to receive 60% “of the total recovery or settlement, less the costs and expenses of litigation.” The client agreed that “all court costs and expenses of litigation Attorneys have paid or incurred” should be “reimbursed out of Client’s 60% share of the Total Recovery by settlement or otherwise.” For . . .