Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity -

Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504 -

Risk Management Issue: Is an attorney fee-splitting agreement that is undisclosed to the client nevertheless enforceable?

The Case: After Jose Marin sustained severe injuries in the workplace, he and his wife, Ada, retained attorney Shirley Menkes to pursue a personal injury action on their behalf.