Nickerson v. Holloway

Pope, Presiding Judge.

The parties are attorneys disputing the division of a $400,000 contingency fee resulting from the settlement of a wrongful death/ personal injury action. The client hired defendant Holloway and his firm, and Holloway associated plaintiff Nickerson and his firm with the client’s knowledge and consent. Holloway and Nickerson did not agree on or even discuss how they would divide the fee. Because Nickerson took most of the depositions, prepared all of the pleadings, and did most of the negotiating in the case, he subsequently took the position that he should get all or most…