04-2-2772 Silvestro v. Group Lacasse, Inc. et al. , App. Div. (per curiam) (12 pp.) The trial court order dividing between two law firms a contingent fee generated from the settlement received in this personal-injury case is affirmed. The judge fairly determined that the first firm was entitled to a percentage of the contingent fee and not just an hour-based fee and that the second firm was entitled to receive 60 percent of the fee based on his well-supported understanding of the performances of both firms and his proper application of the applicable equitable principles. [Decided Feb. 13, 2009.]
ATTORNEY/CLIENT — LEGAL MALPRACTICE — ATTORNEYS’ FEES
04-2-2786 Geriano et al. v. FEC Mortgage Corp. et al. , App. Div. (per curiam) (18 pp.) Plaintiffs appeal from the amount of a fee award following a bench trial in which they were successful in a legal-malpractice action against the attorney-defendants, who cross-appeal from the judgment of legal malpractice. The appellate panel affirmed, finding defendants had a “de facto attorney-client relationship” with plaintiff and were negligent in the course of a real estate closing. As to the fee award, the panel reversed and remanded for recalculation to include plaintiffs’ legal fees incurred prior to its settlement with the nonattorney-defendants. [Decided Feb. 18, 2009.]
