In Parkinson v. Bevis, (Docket No. 46269), the Idaho Supreme Court reinstated an equitable disgorgement action filed by a client against her former divorce attorney. Parkinson filed a claim for breach of fiduciary duty against her former attorney, alleging that he wrongfully revealed a confidential email to her ex-husband’s attorney…
Articles Posted in Legal Fees
Law Firm’s Failure to Locate “Prior Art” Sufficient to Allege Legal Malpractice Claim
This case, Ostrolenk Faber LLP v. Sakar International, Inc., 2019 NY Slip Op 31303(U), holds that a counterclaim for legal malpractice against an intellectual property firm stated a claim. Sakar retained Ostrolenk to defend it in a patent infringement lawsuit. In the underlying case, a plaintiff alleged that a product…
Divorce Firm Sues For Fees – And Receives Legal Malpractice Counterclaim In Return
The case is pending in New York. A divorce firm sued its former client for fees. She promptly brought a legal malpractice claim. The trial court refused to dismiss the counterclaim. It held: “With respect to the proposed counterclaim for legal malpractice, defendant Ms. Parada alleges that as a result…
New York Court Holds Fee-Sharing Agreement Is Enforceable Despite Technical Flaws
One issue that arises frequently is whether an agreement between two lawyers to share fees on a case is enforceable. Rule 1.5(e) provides that: (e) A division of a fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion…
Illinois Appellate Court Rejects “Legal Fee” Claim Filed by Non-Lawyer
The case is captioned Robert Iuffues Webb II v. Janice Holmes, 2018 IL App (3d) 170167. Webb, who is not licensed to practice law, alleged that he had assisted Holmes with certain federal litigation. It is not clear exactly what the federal litigation involved. He alleged that he entered into an…
New Jersey Court Shoots Down Legal Malpractice Claim Asserted As A Defense to A Fee Claim
One question which comes up frequently is whether a client can sue his former lawyer for legal malpractice based on what the client believes is an inflated legal bill. A legal fee dispute is essentially a breach of contract case filed by the lawyer against the former client. Here the…
Kentucky Court of Appeals Affirms Dismissal of Legal Malpractice Lawsuit Against Executor of Estate
An estate hired a lawyer to act as the co-executor of the estate. The lawyer was paid on a percentage basis – 3% of the gross amount of the Estate. (In Illinois this type of payment arrangement is illegal. However, in Kentucky is it is perfectly legal). Of note is…
Attorney’s Collection Lawsuit Does Not Bar Later Malpractice Claim
This issue comes up every now and then. An attorney files a collection lawsuit against a client and obtains a judgment against the client. (Here the client did not appear and a default judgment was entered). Later, the client reviews the attorney’s work and files a legal malpractice lawsuit. May the…
ARDC Files Complaint Against Lawyer Who Failed to Prevent Conversion by His Law Partner
This case (which is merely a complaint now that has not been proven) is a reminder that an attorney can be prosecuted by the ARDC for failing to safeguard client funds when he personally did not convert the funds. In this case, the allegations are that the lawyer’s partner converted…
Maryland Court Disallows Long-Delayed Legal Bill
This is case is worth reading because it involved a law firm that did legal work for a client for a period 12 years, but never billed the client. The firm claimed that it had entered into an oral agreement with the client to defer billing until a parcel of…