JOHNSON v. STEIN


254 Pa.Super. 41 (1978)

385 A.2d 514

Marlene C. JOHNSON, Admrx. of the Estate of Carl K. Johnson, Dec'd, and William P. Johnson, a minor, by Marlene C. Johnson, his parent and natural guardian and Craig Truskey, a minor, by Daniel Truskey v. Scott E. STEIN and Whitehall Emergency Squad, Inc. Appeal of Martin H. PHILIP.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Albert J. Feldman, Philadelphia, with him F. Paul Laubner, Allentown, for appellant.

Jackson M. Sigmon, Bethlehem, with him William G. Ross, Bethlehem, for appellee, Marlene C. Johnson.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

This is a fee dispute between two attorneys. Initially, appellant was the plaintiffs' attorney in a tort case, on a contingent fee. In the court below, he sought an equitable charging lien on the fund recovered by the plaintiffs, asking that that percentage of the fund which represented the contingent fee be apportioned between himself and appellee, whom the plaintiffs had subsequently retained, and who in mid-trial had negotiated a settlement.

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