February 28, 2008
Lawyer Sues FDNY Widow and Kids For $50K
After being fired for speaking to a reporter, a lawyer who had represented a slain firefighter's family in their lawsuit against the city is now suing the widow and her children. Way to keep those bad stereotypes about lawyers going!
After the summer's deadly Deutsche Bank fire, where firefighters Robert Beddia, 56, and Joseph Graffagnino, 34, died, their families indicated they would sue for up to $180 million. Which would be a payday for any lawyers involved. Now the Daily News reports Linda Graffagnino, her two young children, and other lawyer John Meringolo are being sued by Marc Fernrich.
Fernrich feels that he's owed money, after putting in 100 hours into the case, "They share in the benefits of my service. [Meringolo] acts for them, and because of that they're liable." But Meringolo says he fired Fernrich for speaking to a reporter without permission and called Fernrich, whose client list includes Junior Gotti and Steven Madden, self-promoting. Meringolo wants the case thrown out, "What he's done is what gives lawyers a bad name."
As for Linda Graffagnino, who is caring for a 1-year-old son and 4-year-old daughter, she told the News, "I'm disgusted because I feel this man is trying to extort me. And he's trying to use me and my children to do it."
Photograph of Graffagnino's funeral from the FDNY; Graffagnino grew up in Dyker Heights and hung out with firefighters at Ladder 149, Engine 284 as a child - he was working with the same company when he died
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If you went to a doctor, but weren't cured, you'd still pay the doctor, right? This guy put in work on the case, he deserves to be paid his customary rate of compensation -- $500/hr is not unheard of.
If anyone gives lawyers a bad name is Meringolo, trying to bilk the city and state (and ultimately taxpayers) for $180 million. It's tragic that the firefighters died, but neither of them would have ever made $180 million in their lifetime, even if they lived to be 100.
Suing babies who lost their hero firefighter father. And also suing the widow who fired you. And you're billing them at $500 an hour. Clearly this is the last client you ever expect to work for. Dumbass.
The rule is simple: If a lawyer is fired by his or her client for "misconduct," that lawyer is not entitled to get paid. A court will decide if there was any "misconduct," such as talking to the press without the client's permission.
But in this case, according to the story, the problem is the lawyer was not fired by the client directly, but by another lawyer. So, the above rule does not apply and the fired lawyer is entitled to be paid under the doctrine of quantum meruit. See http://www.lectlaw.com/def2/q078.htm
So, the lawyer who fired the lawyer may have screwed up if the firing was done by the client directly.
I wonder why the widow agreed to retain these lawyers on an hourly basis rather than on a contingency basis as is the usual case in these types of lawsuits. Otherwise, the fired attorney is owed for his services.