Feingold v. Pucello

Attorney Feingold (plaintiff) was referred Pucello (defendant) after a car accident, spoke with him by phone, and began working on the case — including securing an admission of liability from the other driver — before ever mentioning his fee. When Feingold later sent a 50/50 contingency agreement, Pucello rejected it, told Feingold to keep the file, and hired another lawyer. Feingold sued in quantum meruit. The trial court found no meeting of the minds on representation and ruled for Pucello, reasoning that quantum meruit would apply only if Pucello had actually retained and then fired Feingold.