Thursday, May 31, 2012

Judge Minora of Lackawanna County Addresses Contingency Fee Issues

In his recent May 7, 2012 Opinion in the case of Perrini v. Madison Twp. Bd. of Supervisors, No. 2003-CV-5367 (C.P. Lacka. Co. May 7, 2012 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas upheld a plaintiff's attorney's request for a payment of his substantial contingent fee from clients who refused to pay the same.

After a thorough review of the applicable law against the facts of the case, the court found a one-third contingency fee agreement existed between the attorney and the clients both explicitly and through past practice. 

The court also found that the clients' attempts to deny the contingent fee agreement were brought in bad faith as per 42 Pa.C.S.A. 2503.  As such, in addition to allowing for the contingency fee, the court also awarded fees against the clients.

Anyone wishing to review this decision by Judge Minora in the case of Perrini may contact me at dancummins@comcast.net.

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