Missouri Court of Appeals, Southern District / Jan 8, 2024
J.A.L. and J.L.L. b/n/f KAYLA MASON and K.L. b/n/f AMANDA LEWIS and DIANE LEWIS-CAMPBELL, Plaintiff-Appellant v. KARL SCOTT LAMBERT and JOSEPH SCOTT LAMBERT, Defendants-Respondents
Diane Lewis-Campbell appealed the trial court's judgment regarding the apportionment of a wrongful death settlement and the payment of attorney's fees. Lewis-Campbell, the mother of the decedent, and the decedent's minor children were claimants in a $2.5 million settlement. The trial court ordered each claimant to pay their attorney's fees as contracted from their share. The appellate court affirmed, holding that section 537.095 requires payment of attorney's fees as contracted when a valid agreement exists, and does not permit modification based on Rule 4-1.5 or allow fee sharing from other claimants when they have their own counsel before the settlement judgment is rendered.