ATTORNEY/CLIENT — ATTORNEYS’ FEES
04-2-3359 Chadwell v. Post, App. Div. (per curiam) (14 pp.) This is an appeal and cross-appeal arising out of a fee dispute and counterclaim alleging legal malpractice. Defendant appeals the denial of her motion for reconsideration of the final judgment and the dismissal of her counterclaim. Defendant also appeals the denial of her motion for an extension of time to file an affidavit of merit. Plaintiff, an attorney, cross-appeals the judgment and the orders denying his motions to amend the judgment amount and for sanctions. The court calculated the 60-day period during which the affidavit of merit was required to be served from the date on which defendant filed her answer to plaintiff’s complaint. Because defendant asserted a counterclaim, the filing date should have been calculated from the date plaintiff served his answer to the counterclaim. Concluding the court erred when it dismissed defendant’s counterclaim, the appellate panel reverses and reinstates defendant’s counterclaim. In light of this reversal, the panel also reverses the judgment entered in favor of plaintiff. [Decided Aug. 18, 2011.]
