Appeals Court Revives Fashion Model's $10M Malpractice Suit Against Boies Schiller
A fashion model who says she was duped into providing evidence to Boies Schiller & Flexner by its promise to represent her individually in a case against modeling agencies can proceed with her malpractice suit against the litigation boutique, a New York appeals court has ruled.
The Appellate Division, First Department, ruled yesterday that Mary Anne Fletcher, who has modeled for the Macy’s department store chain, can proceed with her malpractice claims against the firm and former partner Andrew Hayes, who has since formed Hayes & Hardy.
She contends that she would have received some $10 million in damages from her underlying claims if she had been represented individually, rather than the approximately $390,000 she obtained as a member of a class action brought by the firm on behalf of Fletcher and other models, reports the New York Law Journal in an article reprinted in New York Lawyer (reg. req.).
She also contends that the firm and Hayes failed to advise her of the conflict between her interests and those of other class members, duped her into providing important evidence she had collected for years about modeling agency accounting and billing practices and handled the class action in a manner that reduced the value of her personal claims.
The Boies firm and Hayes declined to comment when contacted by the legal publication.
Attorney Annette Hasapidis, who represents Fletcher, says her client is “very pleased with the decision” even though the appeals court upheld a trial court’s dismissal of some of her claims.
