MAR OIL, S.A., Plaintiff-Appellee-Cross-Appellant, v. FRANCIS X. MORRISSEY, JR., Defendant-Appellant-Cross-Appellee., 982 F.2d 830

Summary

Defendant attorney appealed a judgment awarding plaintiff former client damages and interest for defendant's breach of his fiduciary duty, while plaintiff challenged the damages awarded as inadequate. The court held for plaintiff with respect to both appeals. Plaintiff had retained defendant for assistance in recovering under an insurance policy, with defendant to be paid an hourly fee. After the insurer settled, defendant's bill was rejected as exorbitant. Thereafter, while the fee dispute was pending, defendant simply withdrew the fee he claimed from plaintiff's escrow account, over which he was custodian. That account contained the money paid in settlement by the party sued by plaintiff. On appeal, the court upheld the trial court's finding that no contingency fee had been agreed to, but also held that the hourly fee imputed by the trial court was too great. Remand for recalculation of an appropriate fee was ordered.