Firm sues former Brooke Astor lawyer for legal fees
1/26/2012 COMMENTS (0)
NEW YORK, Jan 26 (Reuters) - A law firm that defended a former attorney convicted of forging the will of philanthropist Brooke Astor has filed a lawsuit for unpaid legal fees.
Davis & Gilbert filed the suit Wednesday in State Supreme Court in Manhattan alleging that Francis Morrissey owes it about $220,000 in unpaid fees.
Morrissey was found guilty in 2009 of forging a change to the will of Astor, who died with a $200 million estate in 2007 at the age of 105. The change in the will gave Morrissey's client, Anthony Marshall, control of about $60 million of the Astor estate. Marshall is Astor's son.
After a six-month trial in 2009, Morrissey was sentenced to up to three years in prison. Marshall was convicted of grand larceny and other related crimes, and sentenced to up to three years in prison. Both men appealed their convictions in March and have remained free pending the appeals. Morrissey was disbarred in 2010.
Wednesday's lawsuit asserts that last spring Morrissey quit paying Davis & Gilbert, which wrote trial briefs and worked on his appeal, according to the complaint. It is not clear how much he had already paid the firm. Morrissey's lead counsel at trial was Thomas Puccio, who is not associated with Davis & Gilbert. The lawsuit asserts claims of unjust enrichment and quantum meruit, but does not allege breach of contract.
Miles Baum, who is representing the firm, did not return a phone call seeking comment. A message left at a phone number listed as Morrissey's residence was not returned.
The case is Davis & Gilbert v. Francis X. Morrissey, No. 0650226/2012.
For the plaintiff: Miles Baum, Davis & Gilbert, New York.
For the defense: Not immediately available.
Reporting by Leigh Jones
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http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/Firm_sues_former_Brooke_Astor_lawyer_for_legal_fees/
Monday, January 30, 2012
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