Manhattan Attorney Denied Fee In Excess Of His Contingency Agreement

The Appellate Court covering Brooklyn released a decision today upholding the denial of a motion by an attorney who won a medical malpractice trial but believed he was entitled to more than the retainer agreement provided. The Morelli Law Firm represented a client in a successful medical malpractice action over 7 years long, in which the firm had earned a fee of $376,198 for 970 hours of work including 9 days of trial. The Court did not believe that $387 per hour constituted an unfair exceptionally low hourly rate.

Medical malpractice contingency agreements in New York follow maximum terms of compensation that cannot be changed -even if the client agrees. You must get Court permission to increase the attorney's percentage. The Office of Court Administration has set forth a sliding scale schedule of percentages for medical malpractice lawsuits which are far less lucrative than the typical personal injury one-third percentage.

In medical malpractice actions the attorney is only entitled to 30% on the first $250,000 recovered; 25% of the next $250,000 recovered; 20% of the amount recovered between $500,000 and $1,000,000; 15% of the amount recovered between $1,000,000 and $1,250,000; and, 10% of any amounts recovered above $1,250,000. However, if the attorney can show that the net result was an "exceptionally low hourly rate of compensation, or that it caused the law firm any financial detriment" the attorney can apply to the court for a greater amount if there are extraordinary circumstances. 2017 WL 4930857

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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