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13. What, if anything, can the lawyer recover from the client?
A client consulted a lawyer about handling the sale of the client's building, and asked the lawyer what her legal fee would be. The lawyer replied that her usual charge was $100 per hour, and estimated that the legal work on behalf of the client would cost about $5,000 at that rate. The client said, «Okay, let's proceed with it,» and the lawyer timely and successfully completed the work. Because of unexpected title problems, the lawyer reasonably spent 75 hours on the matter and shortly thereafter mailed the client a bill for $7,500, with a letter itemizing the work performed and time spent. The client responded by a letter expressing his good-faith belief that the lawyer had agreed to a total fee of no more than $5,000. The client enclosed a check in the amount of $5,000 payable to the lawyer and conspicuously marked, «Payment in full for legal service in connection with the sale of the client's building.» Despite reading the «Payment in full.. .» language, the lawyer, without any notation of protest or reservation of rights, endorsed and deposited the check to her bank account. The check was duly paid by the client's bank. A few days later, the lawyer unsuccessfully demanded payment from the client of the $2,500 difference between the amount of her bill and the check, and now sues the client for that difference.
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A is incorrect. While this answer reaches the correct conclusion, it fails to take into account the effect of the discharge of the client's debt through accord and satisfaction.
C is incorrect. The lawyer can recover nothing. Even if the $5,000 was just an estimate, the lawyer accepted the client's «paid in full» check and cashed it, which resulted in an accord and satisfaction of the debt.
D is incorrect. Again, even if there was no final agreement on the lawyer's fee, because the lawyer accepted the payment as a payment in full, he cannot recover anything now.