Zelnick v. Adams
Virginia Supreme Court
561 S.E.2D 711-716 (2002)
- Written by Brianna Pine, JD
Facts
Jonathan Adams, born April 5, 1980, was the illegitimate child of Mildred Adams and Cecil Hylton, Jr. In 1989, Jonathan’s grandfather, Cecil Hylton, Sr., died, leaving a will that created trusts for his grandchildren and great-grandchildren. In 1996, Mildred consulted attorney Robert Zelnick to protect Jonathan’s potential interest in the trusts. Zelnick agreed to represent Jonathan on a one-third-contingency-fee basis, and Mildred signed a retainer agreement. Zelnick filed suit to have Jonathan declared a beneficiary. A 1998 consent decree confirmed Jonathan as a grandchild and issue entitled to the trusts’ benefits. After reaching the age of majority, Jonathan disaffirmed the contingency-fee agreement with Zelnick, arguing, among other things, that it was void because it was not a contract for necessaries. The trial court agreed, voiding the contract, but awarded Zelnick $60,000 under quantum meruit. Both parties appealed.
Rule of Law
Issue
Holding and Reasoning (Lemons, J.)
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