NY: No Retainer, No Fees?
Cruciata v. Mainiero, Supreme Court, New York County, January 14, 2011. Facts: Plaintiff contended that she did not owe Defendant attorney, her former counsel, the legal fees he collected from ...
NJ: Waiver of Attorneys' Fees Must Be Clear and Unambiguous in Settlement Agreements
Iram P. Valentin and Edward Patrick Abbott NJ: Settlement Agreements; Attorneys Fees The New Jersey Appellate Division reiterated the need for care in addressing the issue of attorney’s fees in settlement ...
NJ: Standard of Care in Drafting Settlement Agreements
Porreca v. City of Millville, N.J. App. Div., January 24, 2011. Facts: Porreca sued the City of Millville and demanded counsel fees in his pleading. Eventually, the parties decided to ...
GA: Suing for fees: A New Twist?
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television ...
TX: Verbal Fee Cap Agreement not Allowed without Ambiguity
David J. Sacks, P.C. v. Haden 266 S.W.3d 447 (TX Supreme Ct. 2008) TX: Underlying Fee Agreement Dispute Student Contributor: Megan Diodato Facts: The client hired the attorney on behalf ...
ME: Effect of Factual Determinations by Fee Arb Panel
Perry v. Emerson, Supreme Judicial Court of Maine, October 26, 2010. Facts: Emerson initiated a fee arbitration proceeding against her former attorneys, alleging that she never agreed to be responsible for ...
NM: Court Won't re-Write the Terms of Retainer Agreement
Diaz v. Paul Kennedy Law Firm, 289 F.3d 671 (10th Cir. 2002). N.M.: Underlying criminal matter Student Contributor: Manju Sunny Facts: Plaintiffs, clients in the matter, brought suit against defendants, ...
NJ: No Duty to the Guarantor Who Pays Client Legal Fees
DeAngelis v. Rose, 320 N.J. Super. 263, 727 A.2d 61 (App. Div. 1999) NJ Underlying Divorce Action Student Contributor: Evan Kusnitz Facts: A father guaranteed in writing his daughter’s fees for her ...
NJ: No Attorney's Fees Against In-House Counsel
State National Ins. Co. v. The County of Camden, et al., D.N.J., June 25, 2010 Facts: State National sued its insured, the County of Camden, to determine which entity or person ...
E.D.Pa. Attorneys Fees a Damages Offset in Legal Malpractice Actions?
Duncan v. Lord, 409 F.Supp. 687 (E.D. Pa, 1976) Underlying action: legal malpractice money damages Student Contributor: Ryan O’Donnell Facts: Attorney was found liable for malpractice. In a post trial ...