Legal Question in Civil Litigation in South Carolina
Forfeiture of fees
In 2001, my South Carolina company received consulting fees from a Kentucky law firm for work in a mass tort litigation which they subsequently settled for their clients. The fee was a percentage of what they received for their work.
Now some of their former clients are suing them for malpractice and they have had their law licenses suspended. They are alleged to have kept excessive fees for their work.
A Kentucky judge will soon rule if they have to refund their excessive fees to their clients.
How will that impact on what they paid me? Can I be made to return what they paid me? I knew nothing of how they handled the cases with their clients, I just did the work they requested.
1 Answer from Attorneys
Re: Forfeiture of fees
Its hard to tell without knowing more, including the fee agreements that they had with their clients. From what you have explained I simply do not know if they had their client's consent to pay you and if so, how much. There also could be some questions about you receiving a percentage of their percentage. Moreover, all of your concerns are dictated by Kentucky law and you need to consult with a Kentucky lawyer, not SC. I would suggest finding someone who handles Legal Malpractice. Good luck.
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