Wednesday, September 26, 2007

Disbarred Lawyer Barred From Collecting Fees

A disbarred lawyer who had referred six client matters to a law firm sued that firm for breach of contract and unjust enrichment when the firm failed to honor an agreement to share fees from the referred cases. The New York First Judicial Department ordered the complaint dismissed. The disbarred attorney may not recover fees based on the referral agreement. Any amount sought by a disbarred lawyer on a quantum meruit theory must be fixed by court order after notice to the client. Bacause the disbarred lawyer was never counsel of record in the referred cases, he had no basis to assert a charging lien. Thus, there is no viable theory of recovery in the matter.(Mike Frisch)

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Mike, this seeems like quite an unfair (and ethically questionable) windfall to the firm which, if I read your facts right, happily accepted repeated referrals from a disbarred attorney but did not want to share the fees.

Posted by: Childress | Sep 26, 2007 11:12:22 AM

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