Split Panel Upholds Ruling in Fee-Sharing Dispute
A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
May 22, 2015 at 10:12 AM
5 minute read
A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
In Marin v. Constitution Realty, 111531/07, a three-judge majority of the Appellate Division, First Department, said solo attorney Sheryl Menkes was bound by the “unambiguous language” of the two fee-splitting agreements into which she entered, especially since the “parties to the agreement are attorneys and thus know the importance of precision in the words used.”
The two dissenting justices agreed that one of the attorneys was entitled to a 20 percent share, but said the majority “misconstrued” the language in the second fee-sharing agreement.
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