Krieger v. Adler, Kaplan & Begy

Attorney Roy Krieger (plaintiff) was a law-firm partner with an aviation-law practice. Krieger parted ways with his law firm over geographic issues and began looking for a new position. Krieger talked with Fred Begy, a partner at the aviation-law firm of Adler, Kaplan & Begy (Adler) (defendant), about possibly joining Adler. Begy told Krieger that Adler (1) was a stable law firm, (2) would support Krieger’s efforts to develop new clients and cases, (3) had an established partner track, (4) would make Krieger a partner a short time after he joined the firm, (5) would create a new senior-trial-attorney position to publicly indicate that Krieger was more than a regular associate while he waited to make partner, and (6) would pay Krieger a salary plus a bonus of 10 percent of fees collected from any work that Krieger brought into the firm. Based on Begy’s promises, Krieger turned down an existing offer to work for the federal government and began working at Adler. However, Adler (1) had high attorney turnover and management issues, including firing an attorney for refusing to conceal evidence; (2) gave Krieger only limited support for his business-development efforts; (3) did not have an established partner track; (4) fired Krieger after one and a half years without making him partner; (5) held Krieger out to the public as an associate and never created a senior-trial-attorney position; and (6) paid Krieger only part of his second and final bonus. Krieger sued Adler for fraudulently inducing him to give up the other job opportunity and for breaching its employment promises to him. Adler moved for summary judgment.