(DOWNLOAD) "Tisdale v. Wheeler Bros. Grain Co." by Oregon Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Tisdale v. Wheeler Bros. Grain Co.
- Author : Oregon Court of Appeals
- Release Date : January 19, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
1 This appeal is sought to be prosecuted by three (3) lawyers who deem themselves aggrieved by the trial judges order, in a post-judgment ancillary proceeding, by which they were allowed, in counsel fees for representing two minor plaintiffs, substantially less than the percentage of total recovery fixed by their agreement with the minors mother as the childrens "next friend and natural guardian". Our consideration on the motion to dismiss is confined to three narrow questions of law: (1) Does a lawyer have standing to appeal, with or without the consent of his client, from an adverse decision, in a post-judgment stage, on the ancillary issue of his allowable share in the minor clients recovery? (2) Did the petition in error, filed here by the lawyers, effectively commence their own appeal? (3) May the trial court, after the petition in error is filed, proceed in the case to (a) change the mothers status in the suit [from a "next friend"] to that of a guardian ad litem (b) effect the appointment of an attorney to represent her in that capacity in this appeal and (c) direct that the difference in recovered funds between the fee allowed and that contracted for by the lawyers be kept "impounded" pending the outcome of this appeal?