Supreme Court of Arkansas

Harrill & Sutter, Pllc v. Cynthia Kosin

February 9, 20112011 Ark. LEXIS 41

Summary

The court affirmed the circuit court’s determination that Kosin discharged Harrill for cause and therefore was entitled to recover only the reasonable value of Harrill’s services under quantum meruit rather than the contingency-fee agreement. The court also upheld the quantum-meruit award because the amount was reasonably supported by the time and services documented in the record. The court reversed and remanded the denial of Kosin’s request for attorney’s fees because the circuit court provided no findings or explanation regarding the prevailing party or the applicable fee factors. Justice Brown, joined by Justices Corbin and Danielson, concurred in part and dissented in part, arguing that the quantum-meruit award also required remand for an express analysis of the reasonableness factors.