Opinion

Mulhern v. Roach

  • 398 Mass. 18
  • 494 N.E.2d 1327
  • 1986 Mass. LEXIS 1392
Court
Massachusetts Supreme Judicial Court
Filed
Jul 10, 1986
Status
Published
Author
Wilkins
On the bench
Abrams, Hennessey, Liacos, Lynch, O'Connor, Wilkins
Cited by
50 cases
Authority
More cited than 4.6%

action seeking award of reasonable attorney’s fee wherein judge, as finder of fact, heard testimony of expert concerning usual fee charged in area for subject matter involved

How later courts described this case

  • action seeking award of reasonable attorney’s fee wherein judge, as finder of fact, heard testimony of expert concerning usual fee charged in area for subject matter involved
  • large fee warranted in part because result obtained by attorney was “almost miraculous” and very rare
  • “absence of a valid contingent fee agreement does not prevent an attorney from recovering the fair value of his or her services”

Written by the judges who cited it.

The opinion

Wilkins, J.

(dissenting). I agree with the opinion of the Appeals Court ordering a new trial. Mulhern v. Roach, 20 Mass. App. Ct. 322 (1985).

This case involves no new issue of law. The appellate function is essentially one of assessing a record to determine whether the judge’s findings and conclusions were warranted on the record. The Appeals Court concluded, with firm conviction, that a mistake had been made, id. at 331 , and it ordered a new trial. Any further review in this court simply involves us in second guessing the Appeals Court. Such a case particularly commends itself to the denial of any application for further appellate review.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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