Following a bench trial in a dispute over Gary Abrams’s failure to pay his former attorney’s Martin Putney fees, the trial court entered a judgment against Abrams and in favor of Putney. Abrams appeals, contending that the trial court erred by awarding excessive fees to Putney and to Putney’s counsel who represented Putney in the fee dispute, and by excluding some of Abrams’s testimony as hearsay. For the reasons set forth below, we affirm. “On appeal from a bench trial, we construe the evidence in favor of the judgment and will not disturb fact findings of a trial court if there is any evidence to sustain them.” Punctuation omitted. Hardnett v. Ogundele .1 So viewed, the record shows that on September 19, 2007, Abrams retained Putney to represent him in a personal injury case, arising out of an automobile accident, and executed a representation agreement, confirming Putney’s retention. Pursuant to the agreement, Abrams would pay Putney forty percent of any settlement or judgment in Abrams’s favor. Abrams further agreed: In the event that I transfer this case to another attorney, fail to cooperate in the prosecution of the case, cause the case to be dismissed or represent myself in these regards, or that there are responsive claims against me that your firm defends me against, I agree to compensate your firm at $335.00 per hour for all time spent on the case. You shall be entitled to interest at 1.5 per month on all unpaid billing as well as all costs of collection and court, including reasonable attorney’s fees billed at $335.00 per hour and $35.00 per hour for secretary’s and $50.00 per hour for clerk’s time should collection against me be instigated. In addition to representing Abrams, Putney also assisted Abrams in obtaining medical treatment for the injuries that he suffered as a result of the accident and further assisted him by obtaining agreements from the treatment providers to accept medical liens in lieu of payment at the time of service.
Shortly after being retained, Putney filed a personal injury action on behalf of Abrams against the woman who rear-ended Abrams’s vehicle, served her with various forms of discovery, and assisted Abrams’s medical providers in preparing medical narratives chronicling Abrams’s injuries. In addition, Putney made a formal settlement demand of $150,000.00 to the defendant’s insurer and, in June 2009, attended a mediation of the case, which was unsuccessful. Following the failed mediation, on June 30, 2009, Putney wrote a letter to Abrams, in which he explained his reasons for believing that a settlement of $150,000.00 was reasonable and further explained that the case was going to be continued, which would remove it from the August trial calendar.
