Connor L. Helms & Associates, P.C. v. Kelley Riebold

Oklahoma City, Oklahoma lawyer sued his client on a breach of contract theory claiming that the defendant owed him $285,000.

In May 2021, Mr. Riebold hired the Helms Law Firm to represent him in a custody dispute between himself and his ex-wife, including an appeal of the divorce decree. As a part of this representation, Mr. Riebold signed a contract which provided that the services of Mr. Helms would be billed at a rate of $600 per hour and that other attorneys would be billed at hourly rates ranging from $250 to $600 per hour. The contract also provided that interest would be charged on any unpaid amount after the first of each month at the rate of 18% per year. The firm billed Mr. Riebold monthly, and the contract stated that if he disagreed with any invoice, a written dispute must be made within thirty days from receipt of the invoice.

Mr. Riebold, in total, paid the Helms Law Firm more than $70,000, but fell behind on payments pursuant to the parties' contract. Per the petition, he eventually accrued an amount due of over $375,000, being some $275,000 in fees and $100,000 in interest. In January 2024, the Helms Law Firm filed a breach of contract action against Mr. Riebold seeking to recover this full amount. Mr. Riebold filed an answer admitting the existence of the contract, but stating that he believed he had already paid a reasonable amount for the services rendered.

Summary judgement in favor of the Plaintiff for "$285,817.19, together with 18% interest.;

The trial court erred in granting summary judgment in favor of the Helms Law Firm on its breach of contract claim. Although the fees charged may be reasonable, the reasonableness of an attorney's fee, when contested, creates a question of fact that cannot be resolved via summary proceedings.

Vacated and remanded.