FKB's Joshua Sandberg successfully defends legal malpractice counterclaim in Kings County Bench Trial. 5/12/09

After a bench trial was conducted before the Hon. Peter P. Sweeney of Kings County Civil Court, a legal malpractice counterclaim, which was interposed in response to our client's lawsuit for outstanding legal fees, was dismissed in its entirety.

FKB's client commenced a fee action against the defendant/counterclaimant to recover unpaid legal fees in connection with the defense of two lawsuits. The lawsuits against the defendant/counterclaimant were brought by contractors to enforce mechanics liens for labor and materials furnished to the defendant/counterclaimant's restaurant. Through his efforts, our client was able to obtain beneficial settlements of both matters, which settlements the defendant/counterclaimant agreed to in open court.

In response to our client's filing of a summons and complaint in Kings County Civil Court to recover over $10,000 in unpaid legal fees, the defendant/counterclaimant filed a counterclaim in the amount of $30,000, claiming that there was a conflict of interest on our client's part and that the defendant/counterclaimant did not receive the legal representation he requested.

At trial, FKB's client presented consistent and credible testimony concerning the merits of the fee claim, including a detailed account of the legal services provided.  The defendant/counterclaimant, on the other hand, was unable to present any credible testimony to support his claims that there was a conflict of interest and that our client did not provide proper legal representation. Notably,  the defendant/counterclaimant was unable to establish that he sustained any damages as a result of our client's alleged acts/omissions.

After considering the testimony and evidence presented at trial, Judge Sweeney rendered a Decision and Order: 1) dismissing the legal malpractice counterclaim; and 2) awarding our client the full amount of the attorney's fees requested.

FKB's Joshua Sandberg successfully defended this action at trial.

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