Justice Arthur Engoron
Law firm Adam Leitman Bailey PC prosecuted part of a dog-barking case, in which the action settled before trial, and sought to recover $114,000 in attorney fees. Board of Managers of a condominium sought a declaration the fees sought were excessive. The firm counterclaimed for over $98,000 for four causes of action, including breach of contract. The court noted while a client called the shots and lawyers take direction, an attorney who knew the case was a “complete waste of time,” that needed “to be settled immediately,” had an ethical obligation to tell that to the client in no uncertain terms. Yet, the court found both parties were partly at fault, noting the law firm more so than the client. It concluded the firm failed to establish the reasonableness of its claim, stating the board recovered $70,000, but most of the firm’s billing occurred after a prior court’s summary judgment decision was issued dismissing the dog-barking aspect of the case. Thus, it found the reasonable value of the firm’s services was $60,000, noting $15,000 had already been paid.
