STARKEY v. ESTATE OF NICOLAYSEN


796 A.2d 238 (2002)

172 N.J. 60

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

Supreme Court of New Jersey.

Decided May 9, 2002.


Attorney(s) appearing for the Case

Joseph E. Murray, Berkeley Heights, argued the cause for appellants (Joseph E. Murray & Associates, attorneys; Mr. Murray and Jay B. Bohn, on the briefs).

Scott W. Kenneally, Toms River, argued the cause for respondent (Starkey, Kelly, Blaney & White, attorneys).

Daniel M. Waldman, Red Bank, argued the cause for amicus curiae, New Jersey State Bar Association (Mr. Waldman, attorney; Catherine M. Brown, Morristown, on the brief).


The opinion of the Court was delivered by COLEMAN, J.

The primary issue presented in this appeal is whether an attorney, who enters into an oral contingency-fee agreement that is later deemed to be unenforceable because it was not reduced to writing within a reasonable time, is entitled to collect either a fee or an award based on the principle of quantum meruit for services rendered before the contingency has occurred. The trial court and the Appellate Division...

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