Silver v. Jacobs

3 Citing cases

  1. Gagne v. Vaccaro

    255 Conn. 390 (Conn. 2001)   Cited 352 times   1 Legal Analyses
    Holding that plaintiff lawyer could recover reasonable fee for services he had rendered on behalf of his former client from successor attorney, notwithstanding that plaintiff had failed to comply with statute requiring a written contingency fee agreement where there was no explicit provision in the statute voiding oral agreements, the important public policy of protecting the public from excessive legal fees was not implicated in this lawyer-against-lawyer recovery action, and the illegality at issue was "in the manner in which [plaintiff] was to be compensated for doing legal thing," and not "in the thing which the party seeking to recover was to do"

    On or about August 8, 1996, Vaccaro filed a motion for summary judgment, claiming, inter alia, that Gagne's claims were barred on public policy grounds. Specifically, relying on Alan E. Silver, P.C. v. Jacobs, 43 Conn. App. 184, 602 A.2d 551, cert. denied, 239 Conn. 938, 684 A.2d 708 (1996), decided well after the events in the present case had transpired, Vaccaro claimed that Gagne's failure to obtain a written fee agreement as required under § 52-251c precluded him from recovering his fee. In opposition to the motion, Gagne advanced four grounds under which he claimed recovery despite his noncompliance with § 52-251c: (1) Alan E. Silver, P.C., had been decided improperly; (2) that case was distinguishable; (3) Aldrich waived the protection of § 52-251c; and (4) Vaccaro's bad faith actions precluded him from relying on Gagne's noncompliance with § 52-251c as a defense.

  2. Brunswick v. Safeco Insurance Company

    48 Conn. App. 699 (Conn. App. Ct. 1998)   Cited 18 times

    This failure is fatal to the plaintiff's claims. See Alan E. Silver, P.C. v. Jacobs, 43 Conn. App. 184, 188-89, 682 A.2d 551, cert. denied, 239 Conn. 938, 684 A.2d 708 (1996). Our law is clear.

  3. Perkins and Mario v. Annunziata

    45 Conn. App. 237 (Conn. App. Ct. 1997)   Cited 23 times
    In Perkins Mario, PC. v. Annunziata, 694 A.2d 1388 (Conn. App. 1997), the arbitral panel awarded legal fees to a discharged attorney who handled a personal injury matter on a contingency fee basis and had no written fee agreement.

    We agree. After the briefs were filed in this appeal, this court decided Alan E. Silver, P.C. v. Jacobs, 43 Conn. App. 184, 682 A.2d 551, cert. denied, 239 Conn. 938, 684 A.2d 708 (1996). Silver held that an attorney who worked on a personal injury case could not collect his fee from a successor attorney after settlement in the absence of a written fee agreement between the attorney and the client.