No Withdrawal for Lawyer 'Fronting' $20K in Expert Fees
A state judge in New York has rebuffed attempts by a lawyer who asked to withdraw as a family’s counsel in a wrongful death case because he doesn’t think it’s his responsibility to front $20,000 in fees for expert witnesses needed for trial.
Indeed, Court of Claims Judge Stephen J. Mignano says attorney Stephen R. Krawitz is misinterpreting his retainer agreement entirely, the New York Law Journal reports.
According to the agreement, Krawitz’s clients were to “reimburse the attorneys for all disbursements made in connection” with the case, including “fees for doctors and other experts who may testify on your behalf in court.”
Krawitz maintained that he was responsible for pretrial expenses, but that his clients needed to pay up after the trial started.
Mignano, however, ruled that Krawitz is on the hook for all expenses, through trial, and is to be paid back after the trial concludes.
Mignano further observed that Krawitz appeared to agree to “represent claimants on the assumption that the case would be settled without requiring trial.”
Krawitz plans to appeal.
