Reported by Rob Abruzzese, Legal Editor
opens in a new windowBrooklyn Daily Eagle
May 26, 2020
“On Monday, May 18, Richard Klass, second vice president of the Brooklyn Bar Association, moderated a two-hour CLE entitled, “Resume Building and Interview Skills” along with panelists Andrea Bonina and David Sarnoff….”
#COVID19 #BklynEagle #BrooklynBarAssoc #CourtStreetLawyer
The crisis has been averted. The lawyer did a great job for his client. The lawyer sent his client the final bill for services rendered. Unfortunately, the client now had other bills to pay and the legal problem the lawyer dealt with was starting to appear very small in the rearview mirror.
The lawyer came to Richard A. Klass, Your Court Street Lawyer, to sue the client to collect on the outstanding bill.
The lawyer commenced an action against his client alleging several causes of action in the complaint, including:
Breach of contract: A written retainer agreement with an attorney is an enforceable contract. As held in Jacobson v Sassower, 66 NY2d 991, 993 [1985], “as a matter of public policy, courts pay particular attention to fee arrangements between attorneys and their clients. An attorney has the burden of showing that a fee contract is fair, reasonable, and fully known and understood by the client.”
Assuming that the fee arrangements were fair to the client, the lawyer may establish his prima facie entitlement to judgment as a matter of law against the client on the cause of action alleging breach of contract by submitting evidence of the existence of a contract, the lawyer’s performance under the contract, the client’s breach of the contract, and resulting damages. See, Joseph W. Ryan, Jr., P.C. v Faibish, 136 AD3d 984 [2d Dept 2016].
Account Stated: Many times, an attorney is able to prove that he sent his client monthly invoices and the client never said one word about fees; then, when the bill comes due, the client ‘wakes up’ and starts objecting to all of the attorney’s charges.
An attorney can make out a prima facie showing of his entitlement to summary judgment on an “account stated” claim by providing documentary evidence of the invoices, and an affidavit stating that he sent the invoices on a monthly basis to defendant, and that defendant received the invoices and failed to object to the invoices until this litigation. See, Glassman v Weinberg, 154 AD3d 407 [1st Dept 2017].
Quantum Meruit: This Latin phrase basically means that one should be paid the reasonable value of services rendered on behalf of another.
If the terms of a retainer agreement are not established, or if a client discharges an attorney without cause, the attorney may recover only in quantum meruit to the extent that the fair and reasonable value of legal services can be established. See, Seth Rubenstein, P.C. v Ganea, 41 AD3d 54 [2d Dept 2007]. A cause of action for quantum meruit requires a showing of “a plaintiff’s performance of services in good faith, acceptance of those services by a defendant, an expectation of compensation and proof of the reasonable value of the services provided.” See, Hyman v Schwartz, 127 AD3d 1281, 1282 [3d Dept 2015].
Before an attorney files a lawsuit to recover legal fees, there are a number of considerations as to whether it is worth doing. The commencement of a lawsuit by an attorney against his client ought to be the last resort after an attempt to resolve nonpayment. While not exhaustive, some questions to ask before suing a client may be:
– Richard A. Klass, Esq.
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn, New York. He may be reached at (718) COURT●ST or RichKlass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.
© 2020 Richard A. Klass
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Brooklyn Bar Association to host CLE to help attorneys find jobs during the pandemic
The Brooklyn Bar Association understands that younger and more inexperienced attorneys can struggle to find a good job even in the best of times, but things are especially tricky now that the COVID-19 pandemic has put severe restrictions on going out and building a network that can lead to a job.
That’s why three attorneys, past President Andrea Bonina, second Vice President Richard Klass, along with David Sarnoff, are planning to host a continuing legal education seminar that will live-stream via Zoom on Monday, May 18 entitled, “Resume Building and Interview Skills,” where they will share specific strategies that can help during the pandemic and beyond.
In a two-hour CLE, the three panelists will start with a deep dive into resume construction with suggestions for how attorneys should address gaps, and ways to be concise and be specific with their language when it comes to specific skills. They will also discuss ways to network during the quarantine and will specifically go over routines that will work even after the pandemic is over.
We are pleased to announce that Richard Klass, has been selected to the 2018 New York Metro Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the New York Metro area.
Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase process that includes:
The objective of the Super Lawyers lists is to create a credible, comprehensive and diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
For more information about Super Lawyers, go to SuperLawyers.com. Super Lawyers is a registered trademark of Thomson Reuters.
“The new directors sworn in included Justice Esther M. Morgenstern, Administrative Judge Lawrence Knipel, Justice Marsha Steinhardt and David Chidekel. Cohen himself is also counted among the new directors.”
We are pleased to announce that Richard A. Klass, has been selected to the 2017 New York Metro Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the New York Metro area.
Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase process that includes:
The objective of the Super Lawyers lists is to create a credible, comprehensive and diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
Super Lawyers is a registered trademark of Thomson Reuters.
On Wednesday, June 14, 2017, The Brooklyn Bar Association (BBA) held an induction ceremony for its officers and newly-elected trustees. The ceremony took place in the ceremonial courtroom of Borough Hall with nearly 250 people in attendance. The Hon. Jeffrey Sunshine, a past president of the BBA, installed Aimee Richter as its newest president.
Richard Klass was installed as treasurer, continuing Mr. Klass’ long tradition of dedicating himself to the success of this highly-esteemed organization.
In addition, at the annual meeting of the Brooklyn Brandeis Society held on June 6, 2017, Hon. George J. Silver, deputy chief administrative judge for NYC Courts, swore in the organization’s new officers and directors. These included Andrew Fallek as president, Judge Katherine Levine as secretary, Richard Klass as treasurer, Aimee Richter and Avery Okin as vice presidents and Hon. Ellen Spodek as president-elect.
Photos from the New York State Bar Association beer tasting event at Top Hops on Orchard Street on the Lower East Side, New York City.
