Malonis v. Harrington

George Malonis (plaintiff) represented Marc Loiselle in a personal injury suit under a one-third contingent fee agreement, performing roughly two and a half years of legal work including discovery, depositions, and settlement negotiations, before Loiselle discharged him mid-negotiation and hired Robert Harrington (defendant) under a similar contingent arrangement. Malonis forwarded his files and asserted an attorney's lien on any future recovery; six months later, Harrington settled with the defendant for $57,500 ($40,000 to Loiselle, $17,500 to Harrington), assuring opposing counsel he'd handle Malonis's lien, but after Malonis submitted an itemized bill for roughly $11,000, Harrington called the fee ridiculous and refused to pay. The trial court found all parties had expected Harrington to pay Malonis from his own contingent fee and held Harrington liable, and the case reached the state's highest court on transfer.