HANNON LAW FIRM v. MELAT, PRESSMAN & HIGBIE

No. 009CA0788.

293 P.3d 55 (2011)

HANNON LAW FIRM, LLC, f/k/a The Law Firm of Kevin S. Hannon, LLC, f/k/a The Law Firm of Kevin S. Hannon, Plaintiff-Appellant and Cross-Appellee, v. MELAT, PRESSMAN & HIGBIE, LLP, f/k/a Melat, Pressman, Ezell & Higbie LLP; and Howarth & Smith, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

March 3, 2011.


Attorney(s) appearing for the Case

Burns, Figa & Will, P.C., Alexander R. Rothrock , David M. Pittinos , Greenwood Village, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Cross & Bennett, LLC, Joseph F. Bennett , Colorado Springs, Colorado, for Defendants-Appellees and Cross-Appellants.


Opinion by Judge CASEBOLT.

In this action between attorneys, we must address whether, when multiple separate law firms represent clients under a contingent fee agreement, a withdrawing attorney's claim in quantum meruit against former co-counsel accrues at the time of the withdrawal or at the time that recovery under the contingent fee agreement occurs. We conclude that the claim cannot begin to accrue until the withdrawing attorney knows or should know of the recovery...

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