Legal Opinion · Dissent

Lawrence v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 2007Published

1Dissent

Catterson, J. (dissenting).

Because I believe that as a matter of law a legal fee of $40 million for five months’ work following years of litigation which was fully compensated on an hourly basis is unconscionable, I respectfully dissent and would void the agreement embodying that fee. Further, because of the allegations by plaintiff that the defendants violated certain provisions of the Code of Professional Responsibility, I would refer the defendants to the Departmental Disciplinary Committee.

I cannot agree with the majority’s view that the undisputed facts of this case are insufficient for…

2Cases cited22 opinions

  1. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  2. Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
  3. Matter of CoopermanNew York Court of Appeals · 1994
  4. Gair v. PeckNew York Court of Appeals · 1959
  5. In re the Estate of PiccioneNew York Court of Appeals · 1982

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