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STARKEY, KELLY, BLANEY & WHITE v. ESTATE OF NICOLAYSEN

773 A.2d 1176 (2001)

340 N.J. Super. 104

STARKEY, KELLY, BLANEY & WHITE, Plaintiff-Respondent/Cross-Appellant, v. ESTATE OF Nancy NICOLAYSEN, Lisa Gelburd and Sigurd Nicolaysen, Jr., Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 2001.

Attorney(s) appearing for the Case

Joseph E. Murray, Berkeley Heights, argued the cause for appellants/cross-respondents (Jay B. Bohn, on the brief).

Scott W. Kenneally, Toms River, argued the cause for pro se respondent/cross-appellant (Charles E. Starkey, of counsel; Mr. Kenneally, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

The opinion of the court was delivered by CARCHMAN, J.A.D.

This appeal requires us to consider whether an attorney who has failed to secure a timely written contingent fee agreement may recover either a contingent fee or an award based on quantum meruit, or is barred from any fee recovery. Here, plaintiff law firm Starkey, Kelly, Blaney & White and its clients, Nancy and Sigurd Nicolaysen (decedents), agreed on a contingent fee but did not reduce their agreement...

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