KANSAS CITY – Appeals court judges have sided with a former Missouri attorney who was disbarred in 2012 in a suit he brought against former clients seeking payment for services performed before he was no longer allowed to practice law.
The April 10 decision at the Missouri Court of Appeals, Western Division held that law firm Ronald K. Barker PC had demonstrated that it is entitled to prejudgment interest on its quantum meruit claims - a term defined as a reasonable amount of money paid for services when the amount due is not stipulated in a legally enforceable contract - in its case against Douglas and Kathy Walkenhorst, as well as K and D Transportation. Ronald Barker is the sole practitioner of the firm.
According to the ruling, Jackson County Circuit Judge Joel P. Fahnestock had concluded, among other things, that the legal services that Barker provided were "necessary and the amounts charged were necessary and the amounts charged were reasonable..."
Barker had provided services to the Walkenhorsts from June 3, 2010, until Jan. 7, 2012, and his disbarment was effective Feb. 15, 2012.
According to the Missouri Courts notice of disbarment, Barker violated Rules 4-1.15 and 4-8.4 of the Rules of Professional Conduct. Rule 4-1 addresses safekeeping of property and Rule 4-8 addresses misconduct.
After trial in December 2016, Fahnestock had entered judgment in favor of Ronald K. Barker PC and ordered the Walkenhorsts to pay Barker $15,851 and K and D Transportation $578.59 with interest accruing at 9 percent from date of judgment, the ruling states.
A month later, Ronald K. Barker PC moved to amend the judgment for prejudgment interest on both quantum meruit claims - but Fahnestock failed to rule on within 90 days. Barker's sole point on appeal was that the trial court erred in failing to award prejudgment interest.
Appeals court judges Thomas H. Newton, Victor C. Howard and Karen King Mitchell participated in the decision.