Question:
Cindy Sawyer, a former friend and unpaid assistant to trial lawyer Melbourne Mills, persuaded Mills to file a class-action lawsuit on behalf of 431 fen-phen users who claimed the diet pill had damaged their hearts. According to a conversation that Sawyer had secretly recorded, Mills agreed to pay her $1 million, plus $65,000 for a new car, in a series of payments over a ten-year period, if the class-action lawsuit “obtained a big pay day.” Sawyer claimed the bonus was modeled after the one received by Erin Brockovich, a California legal assistant made famous by the 2000 movie of the same name starring Julia Roberts. Mills negotiated a controversial $200 million settlement, pursuant to which he received a $23.6 million fee. Mills paid Sawyer $160,000 but refused to pay any additional amounts, and Sawyer filed a lawsuit to recover the remaining $900,000 she claimed he owed her. What arguments will Sawyer make to support her claim against Mills? What arguments can Mills make in his defense? [Ky. Courts: Sawyer v. Mills Pleadings, Statute of Frauds and JNOV, Ky. L Rev., April 27, 2006, available at www.kentuckylawblog.com/2006/04/ news_fayette_ju.html.]