Bates v. School District No. 10

Citations

• 45 Wash. 498
• 88 P. 944
• 1907 Wash. LEXIS 501

Syllabus

<p>Attorney and Client — Contract for Fees — Evidence—Estoppel to Claim. Where a county attorney seeks to recover fees from a school district for attending to the trial of a case, rendered upon request of the district, without any express agreement, the fact that for five years previously, while the attorney was first deputy, the school district had been in the habit of paying the county attorney for such services is material, as it shows that the attorney was not estopped to recover fees by reason of a course of conduct in the county attorney’s office.</p> <p>District and Prosecuting Attorneys — Duties—Representing School District — Right to Compensation. Under Bal. Code, § 468, requiring the county attorney to give legal advice and draw contracts and like instruments for precinct officers and school directors, he is not required to prosecute or defend litigation for a school district, as his duties are only such as are prescribed by statute.</p> <p>Attorney and Client — Compensation—Amount—Findings—Appeal — Review—Decision. A finding that $250 is a reasonable attorney’s fee for services rendered is without support, where the ease was tried upon an agreed statement of facts which fails to state what was a reasonable amount; and where it was agreed that a bill for $150 had been presented before suit, the judgment will, on appeal, be reduced to such amount.</p>