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62. Is the attorney entitled to recover?
The attorney has billed the client for the time she spent working on the requested opinion.
A client emailed an attorney from whom he regularly sought advice, asking, «Please give me an opinion on the attached documents.» Without responding to the email, the attorney immediately began reviewing the documents and working on the requested opinion. Two days later, the client sent the attorney a second email stating, «Please ignore my previous email. I have taken care of the problem.» Minutes later, the attorney emailed a reply stating, «I have already completed the work.»
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A is incorrect. When an offer can be accepted by performance, notice of beginning performance is not required unless the offeror included that requirement in the offer. Here, the client did not specify that the attorney had to timely notify the client upon the commencement of work. Thus, once the attorney began the work, the offer was accepted, and a binding contract was formed.
B is incorrect. As a general rule, an offer can be revoked prior to acceptance. Here, however, the attorney accepted the offer by beginning performance before the client's attempted revocation.
D is incorrect. The offer was revocable at any time before acceptance. The attorney accepted the offer when she began performance, not when she replied to the email. Therefore, the parties formed a binding agreement, and the attorney is entitled to recover.