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Wishnefsky v. Fanelli

Where non-lawyer sued law firm under an alleged oral contract, summary judgment in favor of defendant affirmed because agreement under which plaintiff sued was a fee-splitting agreement violative of Rules of Professional Conduct, and court was correct in applying in pari delicto doctrine.

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� 1 This is a pro se appeal from an order granting summary judgment in favor of defendant/Appellee Riley and Fanelli, P.C., in an action grounded on theories of breach of contract and fraud. The same order denied Appellant’s cross-motion for summary judgment.

� 2 The basis of this case is an alleged oral contract between Appellee, a law firm, and Appellant, a non-lawyer, governing a fee-splitting arrangement. In his Complaint, *fn2 Appellant contends that Appellee agreed to pay him a forwarding fee of one third of the compensation received from cases he referred, but ceased to do so after recovering $150,000 in fees from damages in a product liability matter. Appellant also asserts that Appellee breached a second oral contract to pay him a salary for six months and then severance, instituted because of the impropriety of the first scheme. It is alleged that in each instance, Appellee engaged in fraudulent conduct to induce Appellant’s acquiescence.

� 3 Appellee filed preliminary objections to Appellant’s complaints and to each of three amendments, then unsuccessfully sought judgment on the pleadings. When discovery was completed, both parties moved for the entry of summary judgment. The trial court granted Appellee’s motion, and this appeal followed.

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