April 4, 2007
N.Y. Firm Ordered to Return Fees Due to Unethical Conflict Between Clients
Law.com's New York Law Journal has this story and cautionary tale about the Wilson Elser firm and its conflict between two insurance-company clients, N.Y. Judge Orders Wilson Elser to Disgorge Fees Over Ethics Breach. The court actually granted summary judgment to plaintiffs, a relative rarity.
Here it was on a fiduciary duty claim, while other claims (such as malpractice) were permitted to continue to trial. The remedy for the fiduciary breach was to return over $3 million in fees.
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