Oral Contingency Fee Agreement Between Attorney and Best Friend Deemed Unenforceable, Appellate Division Concludes
"The writing requirement's purpose to avoid misunderstanding is well illustrated here," the opinion said. "As the judge found, the situation was 'very unfortunate' for plaintiff and defendants, as both suffered 'damages.' Plaintiff, however, failed to meet its burden of substantiating the attorney's fees demanded against defendants under the breach of contract or quasi-contract theories."
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