PHILLIPS v. SMITH

No. 20873.

768 P.2d 449 (1989)

Elmer Lee PHILLIPS and Nilda Phillips, Plaintiffs and Appellants, v. Dr. J.A. SMITH, Jr., University Medical Center, and Jane Does Nos. 1-5, Defendants. Ungricht, Randle & Deamer, Real Party in Interest and Appellee.

Supreme Court of Utah.

January 23, 1989.


Attorney(s) appearing for the Case

Brian C. Harrison, Provo, for plaintiffs and appellants.

Steven Randle, Salt Lake City, for real party in interest and appellee.


ZIMMERMAN, Justice:

Nilda Phillips appeals from an order enforcing an attorney's lien. Nilda and her now-deceased husband, Elmer Lee Phillips, brought a medical malpractice action, initially retaining the law firm of Ungricht, Randle & Deamer ("the Ungricht firm"). Before any resolution was achieved, the Phillipses terminated their relationship with the Ungricht firm and hired new counsel. The new counsel negotiated a settlement. The Ungricht firm sought to enforce...

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