Ford v. Albany Medical Center
Appellate Division of the Supreme Court of New York
724 N.Y.S.2d 795 (2001)
Attorney Spada was retained by Sandra Ford for a malpractice claim before Ford switched to attorney Harding, who orally agreed by phone that Spada would receive 33.33% of any eventual fee and later sent a letter (apparently sent from his office without his authorization) confirming that split, though Spada and Harding never assumed joint responsibility for Ford's representation and no written fee-split notice was ever given to Ford herself. After the case settled for a $99,701.48 legal fee, Spada sought his 33.33% share, and the trial court found Spada was entitled instead to quantum meruit compensation determined at a hearing, holding the confirmation letter unauthorized and non-binding; Spada appealed, arguing the fee-split agreement was enforceable as written.
Whether, under state ethics rules, lawyers in different law firms may divide a fee for legal services if the division is proportional to the services performed or a written agreement is given to the client.