Judge Frank Nervo
Attorney O’Sullivan sought to recover over $21,000 in legal fees he alleged were due under a retainer agreement he entered into with former client, Ward. Ward counterclaimed for breach of contract arguing O’Sullivan failed to provide professional services that inured to her benefit, failed to file the retainer agreement with the County Clerk’s office, and failed to submit statements for his services in a timely fashion. She also sought return of $12,500 for fees already paid, including nearly $5,000 for pretrial expenses. O’Sullivan conceded he failed to timely send periodic statements to Ward. The court also noted O’Sullivan filed the retainer agreement with the clerk nearly two years after its execution, and more than three months after commencing this litigation, which was a violation of 22 NYCRR Part 1400 rules resulting in counsel’s forfeiture of compensation, dismissing O’Sullivan’s complaint. Further, the court found Ward was entitled to another $1,347 in pretrial expenses, including fees for court reporting services for a deposition of Ward’s husband that was precluded when O’Sullivan failed to serve the transcript on husband’s counsel, did not inure to Ward’s benefit.