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Goldberger6/14/2005
rt reports requested by and sent to Mr. Seligsohn." In August 2000, Seligsohn filed an action on behalf of Muttalib in the Superior Court, and that action also was removed to federal court.
The federal judge dismissed the action brought by Seligsohn by order filed August 13, 2001. Defendant stated in his certification that, after the lawsuit was dismissed, plaintiff was not involved in prosecuting the Estate's case.
Mazie and his firm became co-counsel with defendant for the Estate's lawsuit. Following a lengthy period of mediation, the Estate's action was settled. The federal court approved the settlement, which included an allocation of attorneys' fees. Plaintiff did not assert a claim for fees when the federal court approved the settlement.
Five months later, Seligsohn called defendant and inquired about receiving a fee for the time he devoted to explaining the settlement to Bell, as well as processing documents for distribution of the settlement proceeds. Defendant requested that Seligsohn send him a letter detailing the services he had performed and stating the amount he wanted to be paid. Seligsohn later called defendant and asked for 25% of the fee award, based on his client's receipt of a 25% share of the settlement proceeds. Defendant rejected the demand.
Seligsohn filed a certification in opposition to the motion. Seligson asserted that he first met Bell in August 1999 and thereafter he prepared an application for Bell's appointment as administratrix ad prosequendum for Muttalib. When Seligsohn and Bell presented the application to the Essex County Surrogate, they were informed that the application could not be considered because the Surrogate had already appointed Wilkins as administratrix ad prosequendum for the Faison Estate. Bell told Seligsohn that she never received notice of Wilkins' appointment. Seligsohn thereupon contacted defendant. Seligsohn stated:
We agreed to work together on our two cases and to divide the workload. I said to him and he agreed, that each of the decedent's children were entitled to 25% of the net recovery, and my fee should be limited to 25% of the total fee. We also agreed to share costs in the same percentage.
Seligsohn thereafter filed a complaint in the Superior Court on behalf of Bell and Muttalib. Seligsohn stated that he drafted interrogatories and answers to interrogatores and also participated in depositions. Seligsohn paid the Mandelbaum firm $1,100, which was one-fourth of the fee for a pathologist who was retained by defendant for the Estate litigation.
Seligsohn additionally asserted that when the actions were removed to the federal court, the magistrate judge suggested that only one lawsuit was needed because Wilkins had legal authority to act for Muttalib. Seligsohn said that he did not object "because already had an agreement and a working relationship with [defendant]." Seligsohn then wrote to the magistrate judge and in a letter dated June 13, 2001, he stated:
This letter will confirm that Mikki Juane Wilkins who was appointed by the Essex County Surrogate as Administratrix ad Prosequendum for the Estate of Earl Faison, deceased, will act in that capacity on behalf of the minor, Muttalib Faison. The assertion of Muttalib Faison's legal rights arising from the wrongful death of his father, Earl Faison, will be pursued under the complaint filed by Mikki Juane Wilkins. By agreement with Mr. Baumgarten I will participate as co-counsel for the plaintiff.
According to Seligsohn, defendant never objected to this representation.
Seligsohn asserted that subsequently the Nagel Rice firm entered an appearance for the Estate in the fe
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