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

Untiedt (P) signed a retainer agreement with Schmidt to represent him in a case concerning defective cattle vaccine and consumer fraud. A retainer agreement for 40% was signed. The jury gave the verdict to P for $1,038,725 in P's favor and awarded $366,584.24 in costs and attorney fees. P and Schmidt got in a dispute over whether the contingency agreement included 40% of the attorneys' fee award as well. The court held that the term 'recovery' was ambiguous because it was capable of multiple constructions. Therefore, since there was an ambiguity of whether D was entitled to a portion of the statutory attorney fees awarded, the clients were entitled to construction in their favor. D appealed.

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