Order Michigan Supreme Court
Lansing, Michigan
October 31, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149551 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
SHAND LAW PLLC, Justices
Plaintiff-Appellee,
v SC: 149551
COA: 319697
Washtenaw CC: 13-000699-AV
MIN DONG,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 19, 2014 order
of the Court of Appeals is considered, and it is DENIED, because we are not persuaded
that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
I concur in the majority’s order denying leave to appeal. I write separately only to
observe that when an attorney’s representation under a contingency-fee agreement is
terminated before completion of the contracted-for services, “the attorney is entitled to
compensation for the reasonable value of his services on the basis of quantum meruit, and
not on the basis of the contract, provided that his discharge was wrongful or his
withdrawal was for good cause.” Plunkett & Cooney, PC v Capitol Bancorp, Ltd, 212
Mich App 325, 329-330 (1995). Notwithstanding what I view as the trial court’s
misapplication of this rule, the practical consequences here are slight and further
proceedings would require an expenditure of judicial resources that is difficult to justify.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 31, 2014
d1028
Clerk