Date: 08-24-1998

Case Style: Jeannie Campbell v. Bozeman Investors of Duluth

Case Number: 97-317

Judge: Michael A. Salvagni

Court: The Eighteenth Judicial District Court, Gallatin County

Plaintiff's Attorney: Stephen C. Pohl, Bozeman, Montana.

Defendant's Attorney: William M. O'Leary, Corette, Pohlman, Allen, Black & Carlson, Butte, Montana.

Description: On December 3, 1992, Campbell was seriously injured when her vehicle collided with a van owned by Bozeman Investors of Duluth. Campbell filed a personal injury action against Bozeman Investors. Campbell retained Stephen Pohl to represent her in her personal injury action. However, when Campbell seperated from her husband in Novermber 1994, she perceived that there existed a possible conflict of interest with Pohl as Campbell had originally been referred to Pohl by Campbell's mother-in-law for whom Pohl had performed legal services. On December 8, 1994, Campbell entered into a contigent fee agreement with Hartelius and Morgan to render legal services in her suit against Bozeman Investors. On May 6, 1996, Campbell sent a letter to Hartelius and Morgan expressing dissatisfaction with their services and discharging them. On June 6, 1996, Campbell filed a motion for substitution of counsel, requesting that Pohl be substituted as attorney of record in place of Hartelius and Morgan. The court granted her motion. Hartelius and Morgan refused to turn over her file to Pohl. On July 11, 1996, they filed a Notice of Lien claiming entitlement from the proceeds of Campbll's claim against Bozeman Investors for payment of their costs and attorney fees and requesting reimbursement for the money they had advanced her.

Outcome: The court awarded plantiffs attorney fees in the amout of $8,800.00.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed by the Supreme Court of Montana. See: 964 P2nd 41 (Mont. 1998) The date shown above is the date of the appellate court decision and not the trial date. Reported by kms, verdicts@morelaw.com