Wednesday, October 27, 2010
A law firm filed suit against a former client for unpaid fees. The client responded with counterclaims of malpractice. The matter was stayed while the Bar's fee arbitration process went forward. The client lost fee arbitration and the law firm secured summary judgment ijn light of the resolution of the fee arbitratiobn. The client appealed.
The Maine Supreme Court agreed with the trial court that the fee arbitration result was entitled to res judicata effect in the litigation, rejecting the contention that the fee arbitrators acted outside of the spoce of their authority. (Mike Frisch)