This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Business Law
Legal Malpractice
Attorneys Fees

Mooney & Murphy v. John B. Greenfield, Philip P. Greenfield, and the Greenfield Family Trust

Published: Aug. 9, 1997 | Result Date: Apr. 23, 1997 | Filing Date: Jan. 1, 1900 |

Case number: LC020727 Verdict –  $49,099

Judge

Stephen D. Petersen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Barry Z. Brodsky
(Kaufman, Dolowich & Voluck LLP)


Defendant

Robert C. Burlison Jr.


Experts

Plaintiff

Samuel Keasel
(technical)

Defendant

H. Thomas Fehn
(Fields Fehn & Sherwin) (technical)

Facts

Plaintiffs/cross-defendants Mooney & Murphy, a law firm, claimed it was entitled to unpaid attorney's fees and interest. The defendant/cross-complainants, John B. Greenfield, Philip C. Greenfield and the Greenfield Family Trust, denied owing Mooney & Murphy further attorney's fees and claimed that the cross-defendants had negligently handled a securities case, causing the cross-complainants to lose more than $500,000. The cross-defendant denied the legal malpractice allegations and claimed that the damages were speculative and that the cross-complainants were barred by unclean hands. The plaintiffs brought this action against the defendants for attorney's fees. The cross-complainants made a claim for legal malpractice.

Settlement Discussions

The plaintiffs/cross-defendants made a settlement demand for $110,000. The defendants/cross-complainants made a settlement demand for $250,000 prior to trial and $100,000 during trial.

Damages

Plaintiffs/cross-defendants expert testified that the fees were reasonable and that the cross-defendants' conduct was within the standard of care.

Other Information

The verdict was reached approximately four years after the case was filed. Per the plaintiffs, a judgment has been entered in favor of the defendants on the fee complaint and in favor of the cross-defendant attorneys on the legal malpractice cross-complaint.

Deliberation

2½ days

Poll

12-0

Length

3 weeks


#99013

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390