After a lengthy trial, the Livingston County Supreme Court (Hon. Dennis S. Cohen) awarded the big box lawyers 2 ½ % of the fee, and awarded 97 ½ % to me and Joe Moran. The Court found that the work performed by one of the partners in the big box firm was “deficient”, and that his efforts “paled in comparison to the efforts of Cannon”. The Court further found that “Moran’s work was extensive, requiring enormous time, skill and knowledge.” The big box lawyers appealed Judge Cohen’s decision to the State Supreme Court, Appellate Division, Fourth Department in Rochester. By a unanimous 5-0 decision, that Court upheld Judge Cohen’s decision.

In Accident Case, Small Law Office Defeats Mega Firm in Fee Dispute on Appeal

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APPEALS COURT UPHOLDS AWARD OF ATTORNEY’S FEES ON $2.6 MILLION DOLLAR CASE

A Livingston County man, who suffered numerous broken bones when he fell off a roof during a construction job, hired a “big box” law firm to represent him on his claims against the owner of the building and the general contractor for failing to provide him safety equipment required under the New York Labor Law. (This big box firm claims to be the largest in western New York and whose lawyers are always smiling on billboards and TV.) Like many other people lured in by mega firms and their slick TV and radio ads, the man became upset with his big box lawyers over how his case was being handled, and he felt like his case was being ignored. The man decided to fire the big box lawyers, and hired me instead.
Working with attorney Joe Moran, on the day the trial was scheduled to begin, the insurance company for the responsible parties gave in to our settlement demands and the case was resolved for $2.6 million dollars. However, I could not come to an agreement with the big box lawyers over how the attorney fee on the case should be split. (The client in a case where he/she changes attorneys never has to pay more than 1/3 of the recovery, and the attorneys are usually left to settle the issue without bothering the client.) I then sued the big box lawyers in a special lawsuit to have the Court determine how much of the fee each firm was entitled to.
After a lengthy trial, the Livingston County Supreme Court (Hon. Dennis S. Cohen) awarded the big box lawyers 2 ½ % of the fee, and awarded 97 ½ % to me and Joe Moran. The Court found that the work performed by one of the partners in the big box firm was “deficient”, and that his efforts “paled in comparison to the efforts of Cannon”. The Court further found that “Moran’s work was extensive, requiring enormous time, skill and knowledge.” The big box lawyers appealed Judge Cohen’s decision to the State Supreme Court, Appellate Division, Fourth Department in Rochester. By a unanimous 5-0 decision, that Court upheld Judge Cohen’s decision.
When it comes to having your injury case prosecuted in an efficient, timely and productive manner, bigger isn’t better. In my opinion, and in the opinion of the Courts on this case, smaller is better. And it is nice to know that word is getting out.


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