Cited by

2 Paul R. Rice, Attorney-Client Privilege in the United States § 11.10, at 923 (2011); McCabe v. Arcidy,138 N.H. 20, 25 (1993).

Carignan v. N.H. Int’l Speedway, 151 N.H. 409, 414 (2004) (observing that whether a defendant breached a duty of care is a question for the trier of fact); McCabe v. Arcidy, 138 N.H. 20, 24 (1993) (observing that we defer to the trial court’s judgment, as the trier of fact, on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight assigned to testimony).

“Although contracts for attorneys’ services generally stand on the same ground and are governed by the same rules as other similar contracts for services, fee contracts between attorney and client are a subject of special interest and concern to the courts.” McCabe v. Arcidy, 138 N.H. 20, 28-29 (quotations, citation, and brackets omitted).

We defer to the trial court’s determination regarding the weight to be given evidence unless that determination is unsupported by the evidence or is erroneous as a matter of law.

“The credibility of witnesses and the weight to be given evidence are questions to be determined by the trial court.” McCabe v. Arcidy, 138 N.H. 20, 28 (1993) (quotation and brackets omitted).

“[A]n attorney may not charge a fee that is unreasonable.” McCabe v. Arcidy, 138 N.H. 20, 29 (1993).

We defer to a trial court’s judgment on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight to be given to the evidence.

The respondent first argues that the trial court erred in failing to make specific findings as to the reasonableness of the charges based upon the factors set forth in McCabe v. Arcidy, 138 N.H. 20, 29 (1993).

Although the defendant argues that the plaintiff’s testimony was inconsistent and contradicted certain other evidence, we defer to a trial court’s judgment on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight to be given to testimony.

“An attorney-client relationship is created when (1) a person seeks advice or assistance from an attorney, (2) the advice or assistance sought pertains to matters within the attorney’s professional competence, and (3) the attorney expressly or impliedly agrees to give or actually gives the desired advice or assistance.” McCabe v. Arcidy, 138 N.H. 20, 25 (1993) (quotation omitted).

Further, and as the respondent recognizes in his brief, we defer to a trial court’s judgment on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight to be given to testimony.

Thus, we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.

“Findings of fact by a trial court are binding on us unless they are not supported by the evidence or are erroneous as a matter of law.” McCabe v. Arcidy, 138 N.H. 20, 24, 635 A.2d 446, 449 (1993).

In reviewing the record, we defer to the trial court’s judgment regarding such issues as the weight given the evidence.

It is generally recognized that “[a]n attorney-client relationship is created when (1) a person seeks advice or assistance from an attorney, (2) the advice or assistance sought pertains to matters within the attorney’s professional competence, and (3) the attorney expressly or impliedly agrees to give or actually gives the desired advice or assistance.” McCabe v. Arcidy, 138 N.H. 20, 25, 635 A.2d 446, 449 (1993) (quotation omitted).

McCabe v. Arcidy, 138 N.H. 20, 29-30, 635 A.2d 446, 452-53 (1993) (no “rigid, precise measure” for determining reasonableness of attorney’s fees; calculation based on hourly rates not the sole method).

It is within the trier of fact’s province, however, to determine the weight to be accorded the evidence presented.

Although the evidence conflicts in several material respects, the trial court was entitled to resolve these conflicts against the defendants.

We will not disturb the factual findings of the trial court unless they are not supported by the evidence or are erroneous as a matter of law.

We will not disturb the factual findings of the trial court “unless they are not supported by the evidence or are erroneous as a matter of law"McCabe v. Arcidy, 138 N.H. 20, 24, 635 A.2d 446, 449 (1993); see also State v. Chase, 135 N.H. 209, 215, 600 A.2d 931, 935 (1991).

The trial court’s findings of fact are binding on us unless they are not supported by the evidence or are erroneous as a matter of law.

McCabe v. Arcidy, 138 N.H. 20, 635 A.2d 446 (1993) (examining factors constituting attorney-client relationship).