Dickey v Prevost

Holding The court substituted its discretion to modify the fee apportionment, awarding the outgoing firm two-thirds of the gross contingency fee less disbursements already paid. This decision was based on the outgoing firm’s three years of work compared to the incoming firm’s three months, despite the client’s election of a quantum meruit basis.

The court’s words

the proper apportionment of the contingency fee is two-thirds to the Maxwell Murphy firm, less the disbursements that were already paid

2026 NY Slip Op 04689, at the official text

the Maxwell Murphy firm represented plaintiffs for over three years, during which time it investigated the case, obtained medical records, prepared the pleadings

2026 NY Slip Op 04689, at the official text

the Collins & Collins firm, in turn, represented plaintiffs for approximately three months, during which time it obtained medical records, reviewed the file documents

2026 NY Slip Op 04689, at the official text