Joseph Henry IV v. Jill Pierce

Summary

The Arkansas Court of Appeals affirmed an order awarding the Buckley Firm a 40 percent contingency fee from an insurance settlement obtained for Jill Pierce. The court held that any error in admitting the contingency-fee contract over hearsay and authentication objections was harmless because extensive testimony independently established the reasonableness of the fee. The court declined to address an unpreserved Statute of Frauds argument.

Holdings

1. Any purported error in admitting the contingency-fee contract was harmless because the circuit court received abundant independent testimony establishing the reasonableness of the 40 percent contingency fee, which was the sole issue Henry contested at trial.
2. The court would not address Henry's Statute of Frauds argument because he did not raise, develop, or obtain a ruling on that argument in the circuit court.

Questions Presented

1. Whether the circuit court abused its discretion by admitting the contingency-fee contract over hearsay and authentication objections.
2. Whether any error in admitting the contingency-fee contract was prejudicial and warranted reversal of the fee award.
3. Whether Henry's Statute of Frauds argument was preserved for appellate review.

Disposition

affirmed