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ARTICLE · 04 DECEMBER 2017

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

Carlton Fields
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Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the "law firm") to represent them in two separate personal injury lawsuits on a contingency basis.

United StatesLitigation, Mediation & Arbitration
Gary Pappas
Gary Pappas
Johanna Clark
Johanna Clark

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the "law firm") to represent them in two separate personal injury lawsuits on a contingency basis. The contract specifically identified several litigation support vendors who may perform work on the cases, including service of subpoenas, writing client biographies, investigations, photo and video gathering, locating expert witnesses, research, conducting focus groups, and creating trial exhibits. The contract described the vendors as "independent contractors" and "not part of the law firm" but did disclose that the vendors were owned in whole or in part by partners of the firm.

After settling plaintiffs' cases, the law firm deducted the vendors' charges from the settlement funds. Plaintiffs disputed the deductions and filed a class action lawsuit on behalf of similarly situated former clients against the law firm, the vendors, and individual partners on numerous theories including breach

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