Legal analysis from Dean's Law Dictionary will be displayed here.

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

Spilker (D) gave her attorney Hankin (P) seven notes in payment for legal services for a matrimonial action. The first was a demand note for $500, and the rest were for $250. D paid the first note and failed to pay the second. P sued D. D claimed duress, and that the fees were exorbitant and unconscionable and filed a counterclaim to determine if the note paid was payment in full. P was awarded judgment on the note, and the counterclaim was dismissed. Another action ensued by P when D refused to pay the remaining five notes. D's defense was misrepresentation and that she had paid P what the services were worth. P moved for a summary judgment on claim preclusion based on the prior judgment. That was denied, and the jury found for D. The Court of appeals reversed and ordered judgment for P. D appealed.

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