involves the agreements in a case that he represented the kelso sent it emanated from a tragic accident that happened where mr and mrs allison were traveling in a vehicle and they were struck by another vehicle  originally engaged on march twenty first of two thousand and eleven to represent the kelso's in a contingent fee agreement wearing he would represent them against the driver of one of the vehicles the driver of another a policy that was a fifteen thousand one person three thousand limit housey he also did some investigation as to any other sources of recall whether it be another same requirements of proof are necessary before she'll pay out the fact that someone has a policy of insurance in place for whether it be twenty thousand thirty thousand one hundred thousand a million fourteenth of two thousand and twelve the check from oras was dated september twenty seventh of two thousand and twelve and then that period of time after the release was signed and the check was on its way miss coun fired and it was clear that she knew what she was doing she was a half time to the gulf and she was actually a very sophisticated business person she knew what she got into when she agreed to the one third  kelso and they said that she understood it and she granted him the power to negotiate on her behalf for the settlement of the auto owner's insurance policy so it's clear that she in the hopes that he can obtain a settlement or a judgment after a trial for his client here this is also after the result that she wanted to have been achieved changed her mind and decided she didn't want to pay if they were happier than illinois the floodgates would be open and anyone litigant who had achieved a settlement that simply say i found that the child shouldn't have to pay a fee but found that and one third fee for the husband was reasonable and that's what had been contracted for in that in another  cited and it was something that just parker asked us to look at when me a prepare a brief some this case was one where it was a life insurance policy and the only thing that the lawyers had to do in their case was to her period claim form and a pinch the death certificate that was a case where there was one hundred two thousand dollars i don't know why it was an odd number in life insurance and the court not fulfill the terms of his written contract he did not do what he said he was going to do he nearly done what he intended to do but he didn't do what he standing was going to do according to the persons or entities responsible for the injury sustained by william tell salt resulting in his death that's what sharon tells so wonder stood that mr boyd he was going to do with that there was a one third agreement that any recovery from shot on the wiki daniel courneya through anybody else responsible for him the injuries one third of the recovery would be paid  attorney's fees there was nothing said about audible as there was nothing said about your own insurance company there was nothing said about him other were cause of action or theory and the was a friend of her son's she didn't know that mr boise had to have medical records had to have information had to have the police records dealing with the x that had to have all that information to represent her against shannon a week year daniel borth anybody else she provided that information to them she was told through communication between boise and her daughter that everything that was because all on earth would need to go through mr morgan few did not know that the his intention at that point was that he was going to know sharon kelso found out your telephone call to point us office that he intended to keep one third of the on owner's insurance proceeds she terminated all employment with him at that point she didn't refused payment refused to pay one third of nine hundred seventy thousand dollars titled a something for his time we don't know what time he spent on it though no records were kept he has no records he has no time logs as far as what kind of mind is to be  reasonable person would read those contracts  hundred seventy thousand dollars but the nine hundred seventy seven one hundred seventy thousand dollars was not the subject of those written contracts it was a site it wasn't a deed a separate man  agreed mr boyd he did do some work but he's not entitled to one third of the amount that i don't longer stay the trial court take into account in its ruling the fact that it is a trial court has the power and the duty to pay tension to contingency fee agreements to determine whether a feeling is reasonable so in response to mr boies please feel the trial court does have the power to determine whether an attorney is entitle to the court had the discretion to make its decision the way it did yeah the contracts that were signed by mrs kelso covered the auto nurse insurance he didn't and also rules professional conduct one point five basically it was just seven or eight factors to consider when we're looking you want meryl carries through the first one and perhaps the one who's the most important the circumstances then it may not be necessary in every case but not the cases that have been cited considered by the court durrell in sas consider several factors  owners i mean that is that that right jhoom to a certain extent however the understanding the parties is really what controls the extent of the contract and a reasonable person reading that would would understand or i believe understand that when the looking into whatever assets or insurance coverage in the work you worth has and if they don't have any there may be no recovery from that this does not authorize it won't their recovery then form for the auto loan or if i understand it then the trial court said that it basically took the place of now is a funding source but that's too much indication that perhaps her insurance company won't be subject to the one third contingency she would have had to being leave them to negotiate that when this was she's a businesswoman she needs those then if she's seen something in there about your auto insurance rather insurance she would have asked the question but this one as drafted by pushed mr boies he doesn't about contracts contingency fee contracts and leaving them open ended but he also said that the practice is that you will sit down with your client you contract you'll explain that perhaps we don't know every circumstance that could arise and that the contract might cover things that you haven't thought oh yeah  sixteen and that was at sharon's grand daughter's wedding but a social occasion never wants was there are these the minimum contacts that she has simmons indicated cohesive fashion so they could make the case that they were entitle to compensation in the amount of the form one million dollars there's no doubt that and that's what he did that's how