Murphy and Feld Defeat Plaintiff’s Motion for Attorney’s Fees in the EDNYAugust 22, 2023 |
Casey Murphy and Brian Feld were successful in defeating a motion for attorney’s fees filed by the estate of a former attorney who represented our client in a related matter.
The attorney had died in court the day he was about to commence the trial. After his death, the client sought new counsel at Rivkin. Thereafter, the estate asserted a charging lien and refused to release the file. Rivkin was able to secure an Order of the Court directing disclosure of the file and a hearing on the merits of the claim for fees before the Eastern District of New York.
A two-day hearing was held, during which time Casey and Brian presented evidence to the presiding magistrate judge demonstrating that the estate was not entitled to any further fees because: (a) of the absence of an engagement letter; and (b) the fees that were charged and paid previously were actually excessive based on a quantum meruit analysis.
The decision, which discusses the attorneys’ fees analysis in the absence of an engagement letter is insightful and can be viewed here.
- Kenneth C. Murphy
- Brian L. Feld