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This question is about contracts. A friend asked me an

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interesting question about breaching the...
This question is about contracts. A friend asked me an interesting question about breaching the contract. He said i hired a firm to draft a post conviction application for me and they had him sign a contract. He never thought anything about it. After awhile their services were stopped. Then he received another bill. He never paid it. So they filed a petition for breach of contract. At trial evidence was given and testimoney. The attorney testified that the defendant hired them for a post conviction application. One of the questions that was asked to the attorney while on stand was " is an appeal the same thing as post conviction" He answered "No" they are 2 different things. My friend pointed out that the contract they had him sign stated they were retained for an appeal of case 11-1111, which was the case number ***** his appeal of the district courts ruling in his case. And the petition that was filed also states my friend retained them to represent the defendant in his appeal of case number ***** in the iowa supreme court. They have already testified the real reason they were retained was for the post conviction. So did he breach the contract by not paying the last invoice? When the contract and petition states for representation in his appeal. And their testimony states he retained them for post conviction. 2 different things as they stated in their testimony. My opinion was the contract should be null and void. How can you breach something you never hired them to do? What is the correct answer?
Submitted: 5 months ago.Category: Business Law
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Answered in 8 minutes by:
3/14/2018
Business Lawyer: Olivia Kent,
 replied 5 months ago
Olivia Kent
Category: Business Law
Satisfied Customers: 4,619
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Give me just a moment to review what you've written.

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Business Lawyer: Olivia Kent,
 replied 5 months ago

I see your point but it's sort of a moot discussion b/c if they provided services - regardless of what the titled of the contract is - and he continued to pay for those services and then stopped, even if it's not a breach of contract action it'll be an "unjust enrichment" or similar such claim that they'll assert and will be able to collect on. Because they did the work on his behalf and at no time did he say "wait, wait... I will not pay because the title of this contract is wrong." Does that make sense? Please let me know if you have any additional questions.

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Customer reply replied 5 months ago
Okay i understand that however they were hired for drafting a PCR application. He was billed and paid $1500 for the attorney reviewing the case. The attorney testified he found a couple issues for post conviction. Yet the client did not get an application nor was he told the issues found. He isn't denying they may have done the work, his arguement is he never recieved anything from the work he paid for.
Business Lawyer: Olivia Kent,
 replied 5 months ago

That would just be a matter of requesting the files... he's entitled to work product, any files from his case, and an accounting.

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Customer reply replied 5 months ago
What files? the client supplied the files, what work product?
Business Lawyer: Olivia Kent,
 replied 5 months ago

Whatever the work product was from the project/services that were provided to your friend.

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Customer reply replied 5 months ago
Lol that makes no sense to me. If you contract me to paint you a picture of you for $1500. You sit there for 5 hours why i paint you, you can't deny i did the work, but i left with the painting. You sue me. I testify i did the work you can't deny that. I just didn't give you what i did. So do i win
Customer reply replied 5 months ago
From your answers, your SOL
Business Lawyer: Olivia Kent,
 replied 5 months ago

I'm sorry, I'm not going to have a hypothetical debate with you at midnight. I've provided you with information relevant to your specific situation and now you've posed a seemingly analogous query that is not remotely related. This site is for people with legitimate queries. Perhaps someone else will wish to assist you further.

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Customer reply replied 5 months ago
this site is for educational advise, not as legal services was my understanding. using an instance that is understandable to a non-attorney i do not feel to be something to flip over. point is are you expected to pay for research and then not get the findings of the research but still be expected to pay for it. Is that to hard to understand?
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