More Attorney Fee Disputes: Didn't they know better?
Attorney 1 starts to look at a case for client, files a retainer statement and a month later is told to stop work. Attorney 2 starts to work on the case, but we do not know what happened after that, except that the case settled for $ 450,000. Michael B. Miller PC v. Joel J. Turney LLC, 9654-2007
Decided: May 29, 2007 ,Justice Sandra L. Sgroi ,SUFFOLK COUNTY ,Supreme Court
Attorney 1 then files papers against attorney 2. Mistakes:
1. They used the same index number as the underlying case;
2. No summons and complaint was filed by attorney 1 versus attoren 2;
3. Attorney 1 didn't file a summons or complaint in the underlying case, and probably will not be able to recover legal fees.
4. Both attorneys used affirmations even though they were parties.