Law Firm's Alleged Double & Excessive Billing For Legal Services Treated As A Breach of Contract Claim
On June 30, 2021, an appellate court reversed a Nassau County Supreme Court Justice who dismissed a client's breach of contract claim against his former attorney. Far too many legal malpractice claimants throw in a breach of contract claim for good measure, despite being routinely dismissed as duplicative. However, a breach of contract claim for excessive or double legal billing is actionable, even where the representation results in a successful outcome. The appellate court held that the plaintiff's claim that the defendant law firm "double-billed him for legal services in the sum of $291,000 and charged him at least $70,000 for unnecessary legal services", could not be dismissed prior to any discovery on those claims. Dubon v Drexel, 2021 NY Slip Op 04119
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