United States Second Circuit

Summary judgment in favor of defendant, plaintiff's former attorney, is remanded based on opinion of New York Court of Appeals that: 1) a client can ratify an attorney's fee agreement during a period of continuous representation; 2) such ratification may occur even if attorney misconduct has occurred during that period, and can occur before the attorney has committed the misconduct; and 3) a client can ratify an unconscionable attorney's fee agreement.

Appellate Information

• Decided 07/19/2006
• Published 07/19/2006

Judges

• MUKASEY, District Judge., Before:  CALABRESI and B.D.PARKER, Circuit Judges, and MUKASEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Fred R. Profeta, Jr., Esq., Profeta & Eisenstein, New York, NY, for Appellant.


• For Appellees:
  
• Richard M. Maltz, Esq., Richard M. Maltz, PLLC, New York, NY, David S. Hammer, Esq., New York, NY, for Appellee.