After the New York County Supreme Court found Berkman Bottger & Rodd (BB&R) wasn't entitled to an award of its unpaid legal fees, an appeal to the Appellate Division, First Department, followed.
The AD1 thought BB&R complied with the governing retainer agreement's terms when it sent detailed monthly invoices which were forwarded to, and received by, its client. (The client's contention she orally objected to the bills was seen as conclusory in nature and "contradicted by her actions" -- including her failure to utilize offered arbitration.)
The AD1 also saw the client's letter -- which complained that bills were "too high" and that BB&R represented her spouse would be ultimately responsible for the case's legal bills -- as "vague and belated" and insufficient to defeat the firm's entitlement to payment.
There's no compensating for that.
To download a copy of the Appellate Division's decision, please use this link: Berkman Bottger & Rodd, LLP v Moriarty