Legal Malpractice

Suspended Attorney is Still Due Fees

By (Andrew Lavoott Bluestone)

In an unusual procedural setting, a suspended attorney's request for contingent legal fees in a medical malpractice action was denied by Justice Joan Carey, and then vacated by Justice Alice Schlesinger.  in Warren v Del Principio 06/02/2010 Other Courts.  Likely based upon her retiring last year, Justice Schlesinger took over her caseload, and likely took a second look at this case.

Here, the attorney was suspended for reasons other than this case,and presented evidence to show that his work led to a settlement of $ 100,000.  Is he then due a fee?  Justice Schlesinger thinks that he has at least made the first hurdle.

In his affidavit the attorney enumerated the services rendered to plaintiff before suspension from the practice of law, including the initial meeting with decedent, investigation of the merits of the case, consultation with an expert, commencement of a medical malpractice action, depositions and the discovery and securing of a $ 100,000 settlement offer, which was eventually taken. 

Full post as published by New York Attorney Malpractice Blog on June 11, 2010 (boomark / email).