Practice point: The award of quantum meruit compensation under 22 NYCRR 691.10(b) is not limited to a calculation based on the number of hours worked
multiplied by a reasonable hourly rate, but can also be calculated as a
portion of a contingent fee. In either case, the court must weigh the relevant factors,
which include evidence of the time and skill required in that case;
the matter's complexity; the attorney's experience, ability, and
reputation; the client's benefit from the attorney's services; and the fee usually
charged by other attorneys for similar services.
Student note: An award in quantum meruit should reflect
the court's assessment of the qualitative value of the services
rendered, made after weighing all relevant factors considered in valuing
legal services. While not binding or determinative, the court also should consider any
compensation agreement between outgoing and incoming counsel.
Case: Biagioni v. Narrows MRI & Diagnostic Radiology, P.C., NY Slip Op 02924 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A Labor Law § 240(1) claim.
