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Spinale v. Schuman Abramson Morak & Wolk

Plaintiff, who had pleaded guilty before trial, is refunded $25,000 retainer agreement fee.

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Judge Feinman

SPINALE v SCHUMAN ABRAMSON MORAK & WOLK Motion and cross motion bearing calendar numbers 8 and 9 respectively are consolidated for purposes of this decision. Resolution of these motions requires the court to interpret a written retainer agreement in which defendant law firm agreed to defend plaintiff in a criminal action in federal court. In this action, plaintiff is seeking a refund of $25,000.00 which was being held in defendants escrow account as a trial fee. He had already paid defendant $50,000.00 for pre-trial appearances and trial preparation. For the reasons set forth below, plaintiffs motion for summary judgment is granted. Defendant law firms cross motion to disqualify plaintiffs attorney is denied as academic.

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