No Written Agreement Required To Sue Former Client

A law firm that had sued a client for over $215,000 in unpaid legal fees was entilted to judgment as a matter of law. The New York Appellate Division for the Second Judicial Department held that:

“Mintz & Gold established its prima facie entitlement to judgment as a matter of law on its third cause of action for an account stated, with evidence that Penny [the client] not only received and retained, without objection, invoices for legal services sent to her between November 2004 and May 17, 2005, but also made partial payments on the invoices and sent correspondence to Mintz & Gold acknowledging her obligation to pay the balance (see Landa v Dratch, 45 AD3d 646Ziskin Law Firm, LLP v Bi-County Elec. Corp., 43 AD3d 1158Thaler & Gertler, LLP v Weitzman, 282 AD2d 522). In opposition, Penny failed to raise a triable issue of fact. Although Penny may be entitled to indemnification, she is liable for the legal fees incurred in defending the 2003 Action (see Business Corporation Law §§ 720-726). ”

The court issued a second decision involving the same parties, concluding that a written fee agreement is not required for a lawyer/law firm to assert a claim for unpaid fees. (Mike Frisch)