Suits for fees often precipitate a counterclaim or defense of legal malpractice, regardless of whether or not it is warranted. Indeed, that seems to have been the situation in the recent New Jersey case of Ragan & Ragan v. Winberry Realty Partnership. Yet, notwithstanding the risks, the New Jersey Appellate Division made clear that, in fact, attorneys can successfully sue for and recover outstanding attorney fees.
In Ragan & Ragan, the Appellate Division ruled that the plaintiff law firm properly commenced an action (as opposed to an arbitration) for unpaid legal bills against former client Winberry Realty Partnership and certain individuals (collectively, “Winberry”), and awarded summary judgment on its claim for legal fees and dismissed Winberry’s counterclaim of malpractice.
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