Pucello (D) was involved in an accident and was referenced to Feingold (P) attorney at law. The two never met but P discussed part of the case with D and the possibility of P representing D. No fee agreements were ever discussed. P then went to work on the case and inspected the accident site, took pictures, obtained the police report, and secured an admission of liability from the other driver. After about a month, P then mailed D a contingency fee agreement for a 50/50 split. D balked and got other counsel. P told D he could keep his files on the case. P then sued D in quantum meruit. The courts ruled for D and P appealed.

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