In defendants' appeal from the district court's dismissal of their counterclaim and the district court's award of quantum meruit compensation subsequent to a bench trial, judgment for plaintiffs is affirmed in part where: 1) defendants' counterclaims were based on privileged attorney-client communications; and 2) the agreement allegedly breached by plaintiffs did not require that any and all communications with the client regarding costs include both attorneys. However, the order is vacated in part where the district court clearly erred in failing to account for the value of the attorney referral at issue.
Argued and Submitted April 16, 2009
Submission Withdrawn April 27, 2009
Filed October 21, 2009
Opinion by Judge Nelson