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Keywords

settlementplaintiffdamageslitigationattorneyappealtrialverdictmalpracticelegal malpracticejury trialattorney-client privilege

settlementtortplaintiffdefendantlitigationattorneyappealtrialattorney-client privilege

Related Cases

Zabin v. Picciotto, 73 Mass.App.Ct. 141, 896 N.E.2d 937

Facts

The litigation began when the Foreign Car Center (FCC) and its owners filed a complaint against Salem Suede, Inc. for damages caused by emissions from a leather finishing plant. After a lengthy trial, they won a substantial judgment. Subsequently, the attorneys involved in the case sought to recover fees after being discharged by the clients, who then counterclaimed for legal malpractice. The trial court reserved the claims for unfair trade practices, and after a jury trial, ruled in favor of the attorneys on their claims and against the clients on their counterclaims.

We summarize briefly the tortuous history of the litigation preceding the present appeal, to furnish context for our review of the trial itself.

Issue

The main legal issues included whether the trial court abused its discretion in excluding certain evidence, whether the clients waived attorney-client privilege, and whether quantum meruit recovery of attorney fees was appropriate.

The Appeals Court, Green, J., held that: 1 trial court's determination, that probative value was outweighed by danger of misleading the jury, was not an abuse of discretion, as to admission of allocation agreement regarding settlement proceeds; 2 clients waived attorney-client privilege; 3 quantum meruit recovery of attorney fees was appropriate; and 4 conduct of one client was not an unfair or deceptive.

Rule

The court applied principles of quantum meruit for attorney fees, determined that the probative value of evidence was outweighed by the risk of misleading the jury, and held that clients waived attorney-client privilege in the context of their malpractice claims.

The ability of an attorney to recover fees under a theory of quantum meruit arising out of a contingent fee agreement is settled.

Analysis

The court found that the trial judge acted within his discretion in excluding the allocation agreement from evidence, as it could mislead the jury regarding the value of the claims. The court also determined that the clients had waived their attorney-client privilege by pursuing malpractice claims against their former attorneys. The court upheld the jury's verdict awarding fees to the attorneys based on quantum meruit, as the attorneys had provided substantial services that contributed to the settlement.

The judge did not err in rejecting the defendants' late-trial request to submit to the jury the question of their respective entitlements to the settlement proceeds.

Conclusion

The Appeals Court affirmed the trial court's judgment in favor of the attorneys on their claims for fees and against the clients on their counterclaims for malpractice. The court also affirmed the dismissal of the clients' claims under G.L. c. 93A.

We discern in the defendants' various claims of error no grounds for reversal of the judgment in the plaintiffs' favor on their claims for attorney's fees, and accordingly affirm the judgment.

Who won?

The prevailing party was the plaintiffs, the attorneys, who successfully recovered their fees based on quantum meruit and defeated the clients' malpractice counterclaims.

The Appeals Court affirmed the trial court's judgment in favor of the plaintiffs on their claims for fees and against the defendants on their counterclaims.

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