Robert L. Wheeler, Inc. v. Scott
Supreme Court of Oklahoma
777 P.2d 394 (1989)
Robert Scott (defendant) hired attorney Robert Wheeler (plaintiff) to defend a foreclosure action, and over ten months was billed for over 1,270 combined hours totaling roughly $140,000, much of it from a first-year associate billing at $110 per hour. Scott balked at the second bill, and even after Wheeler threatened to withdraw and Scott refused to pay, Wheeler kept the associate on the case rather than withdrawing immediately, eventually withdrawing only after the bank won summary judgment against Scott. When Wheeler sued Scott to collect the unpaid fees, Scott argued they were excessive given the case never reached trial, the associate's inexperience, and the bank's own attorneys having billed far less for similar work.
Whether the amount of time an attorney spends representing a client can be the only factor considered in deciding whether the resulting fee is excessive.