September 11, 2019

Fee disputes.

When there is a dispute between the plaintiff's current and discharged attorneys in an action to which a contingent fee retainer agreement applies, the discharged attorney may elect to receive compensation immediately based on quantum meruit, or on a contingent percentage fee based on the proportionate share of the work performed on the whole case. The award of reasonable fees is within the sound discretion of the Supreme Court based on the time and labor required, the difficulty of the issues involved, the skill required to handle the matter, and the effectiveness of the legal work performed.

Pyong Woo Ye v. Pasha, NY Slip Op 06425 (2d Dep't August 28, 2019)

Here is the decision.