 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Goldberger6/14/2005
te. The fee division may be made without regard to services performed or responsibility assumed by the referring attorney, provided that the total fee charged the client relates only to the matter referred and does not exceed reasonable compensation for the legal services rendered therein. The provisions of this paragraph shall not apply to matrimonial law matters that are referred to certified attorneys.
[R. 1:39-6(d)].
We agree with plaintiff that the rules pertaining to the payment of referral fees have no application to this dispute. Plaintiff does not seek a fee on the basis that plaintiff "referred" a matter to defendant. Plaintiff alleges that, although defendant filed a separate action on behalf of the Faison Estate, and in that action asserted claims on behalf of Muttalib, plaintiff was retained by Hakisah Bell to file a separate lawsuit to assert claims on behalf of Muttalib. Plaintiff contends that there was an agreement between plaintiff and defendant to work together in the handling of these separate cases, with the understanding that plaintiff would receive 25% of the fee ultimately received as a result of their joint efforts. While there is a factual dispute as to whether any such agreement was made, the alleged understanding between plaintiff and defendant to work together and divide the fees earned does not involve the "referral" of a matter of the sort addressed in the rules.
We agree, however, with the motion judge's conclusion that the alleged agreement did not conform to the requirements of R.P.C. 1.5(e) and therefore plaintiff was not entitled to relief on the breach of contract claim. The rule states:
Except as otherwise provided by the Court Rules, a division of fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion to the services performed by each lawyer, or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; and (2) the client is notified of the fee division; and (3) the client consents to the participation of all the lawyers involved; and (4) the total fee is reasonable.
[R.P.C. 1.5(e)].
According to plaintiff, the parties agreed that plaintiff would receive 25% of the fee earned in the action brought by defendant on behalf of the Estate. This alleged agreement to divide fees is not "in proportion to the services" performed by the lawyers. Moreover, there was no written agreement with the clients under which it was agreed that plaintiff and defendant would assume joint representation. In addition, there is no evidence that the clients were notified of the alleged fee division, nor is there any evidence that the clients consented to the participation of all of the lawyers involved. In the circumstances, the judge correctly found that the alleged agreement did not satisfy the requirements of R.P.C. 1.5(e). Relief could not be awarded for a breach of the alleged agreement because it was contrary to law. Vasquez v. Glassboro Service Ass'n, Inc., 83 N.J. 86, 98 (1980). Therefore, the judge properly granted summary judgment on Count One.
We are convinced, however, that the judge erred in granting summary judgment on Count Two. Although plaintiff could not be awarded 25% of the total fee on the basis of the alleged agreement, plaintiff presented sufficient evidence to raise a genuine issue of material fact as to whether it was entitled to relief on a quantum meruit theory. Quantum meruit is a form of quasi-contractual recovery and "rests on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another." Weichert Co. Realtors v. Ryan, 128 N.J. 427, 437 (1992)
Page 1 2 3 4 5 New Jersey Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|