Rayco Mfg., Inc. v. Murphy, Rogers, Sloss & Gambel

Citations

• 2018 Ohio 4782
• 117 N.E.3d 153

Syllabus

Motion to enforce settlement agreement advisory jury Civ.R. 39(C)(1) standard of proof presumption of regularity witness-advocate rule Ohio Prof. Cond. R. 3.7(a) motion for attorney fees incurred to enforce settlement agreement. Regardless of whether a preponderance of the evidence or a clear and convincing evidence standard applied, trial court's finding that parties entered into an enforceable settlement agreement that resolved client's legal malpractice claim against attorneys was supported by sufficient competent, credible evidence. Trial court did not err in allowing appellees' counsel to serve as both witnesses and advocates at the hearing on motion to enforce settlement agreement where jury had only an advisory role, matters as to which counsel testified were not in dispute and trial court was well aware of the different roles assumed by appellees' counsel at the hearing and was not likely to be confused or misled by the lawyers' dual capacities. Trial court erred in denying appellees' motion to recover attorney fees incurred to enforce settlement agreement.