Justice Louis York
Plaintiff law firm sued to collect legal fees from its representation of Labate in a divorce. The complaint asserted claims for account stated and breach of the retainer agreement. Labate asserted she was overcharged, including double billing. The court noted attorney Barnett herself admitted that Labate raised objections to the bills. It found that about three months passed between the due date of certain bills and a written objection, including a request for more itemized charges. As such, the court noted it could not find evidence of acquiescence to the invoices. Hence, the court ruled Labate raised a material issue of fact to be determined at trial preventing granting Barnett summary judgment on the account stated cause of action. The court found the defense that the legal fees were unreasonable was sufficiently stated, and did not warrant dismissal. It ruled Labate presented evidence to show such defense had merit, also precluding summary judgment dismissal. The court also found Labate sufficiently alleged facts to preserve her second affirmative defense that Barnett breached the terms of the retainer by not providing Labate with an itemized bill despite repeated requests.
