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BURNS v. McCLINTON

No. 55824-2-I.

143 P.3d 630 (2006)

Dennis BURNS, individually and in his Capacity as a partner in DB & D Partnership, a Washington Partnership and D & D Properties, A Washington Partnership, Appellants/ Cross-Respondents, v. David B. McCLINTON and Jan B. McClinton, husband and wife, and the marital community comprised thereof, and McClinton & Associates, Inc. a Washington Corporation, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

September 25, 2006.

Attorney(s) appearing for the Case

Jerry H. Kindinger, Robin Alison Schachter, Robert Richard King, Ryan Swanson & Cleveland PLLC, Seattle, WA, for Appellants/Cross-Respondents.

Robert B. Gould, Brian J. Waid, Law Office of Robert B. Gould, Seattle, WA, for Respondents/Cross-Appellants.

BECKER, J.

¶ 1 For many years Dennis Burns, a wealthy inventor and investor, used the professional accounting services of David McClinton. Burns gave McClinton carte blanche over his personal finances in 1995. They orally agreed to an indefinite retainer agreement pegging McClinton's monthly fee at $1,500. Burns fired McClinton in 2001 after discovering that McClinton had long been paying himself at the rate of $2,500 per month, as well as additional sums for...

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