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This section contains the nature of the case and procedural background.

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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