Defendant retained plaintiffs to act as trial counsel in a medical malpractice action. The parties' written agreement provided for plaintiffs to receive a fee "for all legal services we shall render in this case", to be "payable upon the termination of this case either by settlement, compromise or verdict."
Defendant's theory of a novation or oral modification was neither pleaded as a defense nor timely asserted on the original application for summary judgment, so...
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