SCHRADER BYRD & COMPANION v. MARKS

No. 33184.

648 S.E.2d 8 (2007)

SCHRADER BYRD & COMPANION, P.L.L.C., Plaintiff Below, Appellee, v. Francis G. MARKS, et al., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided: April 5, 2007.

Dissenting Opinion of Justice Maynard May 1, 2007.

Concurring Opinion of Justice Albright July 30, 2007.

Dissenting Opinion of Justice Benjamin July 27, 2007.


Attorney(s) appearing for the Case

Ray A. Byrd, Esq., John Porco, Esq., Schrader, Byrd & Companion, Wheeling, for Appellee.

John Preston Bailey, Esq., Bailey, Riley, Buch & Harman, Wheeling, for Appellants.


STARCHER, J.

In this case from the Circuit Court of Ohio County, we uphold the circuit court's conclusion that a law firm's fee payment arrangement with its clients is fair, reasonable, and consistent with the original retainer agreement.

I.

Facts & Background

A.

Introduction

The instant case involves a declaratory judgment action filed in 2004 by the law firm of Schrader, Byrd and Companion, PLLC ...

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