Hartford City Hall. Photo: Google

The law firm that represented former Hartford Mayor Eddie Perez against corruption charges has filed a lawsuit in Superior Court asking for Hartford pay the firm more than $1 million in legal fees, despite there never being a contract.

Winning such a case is a long uphill battle, at the very least, legal experts told the Connecticut Law Tribune.

"I'm very surprised that such an experienced and well-regarded law firm did not have a written retainer agreement," University of Connecticut School of Law professor Leslie Levin said of Hartford's Santos & LaLima law firm, which Hubert Santos heads. "It's very difficult to recover the amount they are seeking. I can't say whether a court might award them something, but it will be difficult to recover much of what they are seeking."

While the lawsuit, filed Thursday in Hartford Superior Court, does not state how much in legal fee work the law firm did for Perez over a period of eight years, the firm's attorney, Hugh Keefe, told the Connecticut Law Tribune the Santos firm is seeking more than $1 million.

The lawsuit cites breach of oral contract. It stems from an oral agreement Perez entered into with Santos' firm, said Keefe, a partner with New Haven's Lynch, Traub, Keefe & Errante.

Because Perez was mayor at the time, Keefe said he believes the city is obligated to pay the legal costs. The mayor, Keefe said, is like any other municipal employee who is sued.

"We believe the common law of Connecticut supports the theory that, because he was mayor at the time, he had the apparent authority to bind the city of Hartford to the contract," Keefe said. "Police officers sued in the line of duty are protected in that the municipality must pay their legal fees. It should be the same with the mayor."

Keefe said Santos would not have taken the case if he thought he wouldn't be getting paid in the end.

"Of course, he would not have taken the case if he didn't think Hartford would pay, who would?" Keefe asked.

"It's not unusual for lawyers who have represented uninsured people who work for municipalities to have legal bills paid for by the municipality that they work for," Keefe said.

Keefe also said a memo from an insurance agent representing the city that is also part of the lawsuit is "of substantial importance."

In a July 2009 memorandum, according to the lawsuit, Hartford informed Santos of the city's obligation to pay for Perez's legal fees in connection with the underlying case.

But Levin said there should have been a formal agreement, if only to avoid litigation.

"They should have had an agreement in writing, and it's required by the Rules of Professional Conduct that they obtain one for precisely this reason," Levin said. "If you don't have an agreement in writing there can be disagreements about who was responsible to pay, and the scope of the representation."

Perez was convicted of corruption charges at trial in 2010. He resigned as mayor soon afterward. Eventually, the charges were overturned, although the former mayor pleaded guilty two years ago to first-degree larceny by extortion and taking a bribe. Perez received a suspended prison term.

Howard Rifkin, Hartford's corporation counsel, didn't respond to a request for comment.