A state judge has ruled that a claim against personal injury attorney James P. Lo by another lawyer over a purported fee-sharing agreement can proceed, finding that Mr. Lo cannot argue the pact should be void on ethical grounds if he agreed to and benefited from it.
In Hiller v. Lo, 603200/07, Manhattan Supreme Court Justice Carol R. Edmead denied Mr. Lo’s motion for summary judgment against plaintiff Roy S. Hiller. Mr. Hiller alleged that in 1998 he made an agreement with Mr. Lo under which Mr. Hiller would serve as trial counsel in certain of Mr. Lo’s cases in exchange for one third of any fees. He alleged that Mr. Lo had failed to pay the fees for 10 such cases.
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