Malonis v. Loiselle

Billings, A.J.

This case was filed in this Court, transferred (after proceedings described below) to the District Court pursuant to G.L.c. 231, §102C, tried there, and returns here pursuant to a retransfer. In its present posture, it presents an issue frequently confronted by lawyers in private practice (the plaintiffs’ personal injury bar in particular), but seldom litigated. It is this: When an attorney (Al) has put substantial work and expenses into a contingent fee matter and is then discharged, the client retains a second attorney (A2), and A2 thereafter settles the case and takes his…