Wong v. Michael Kennedy, P.C.

853 F. Supp. 73 (1994)

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Wong v. Michael Kennedy, P.C.

United States District Court for the Eastern District of New York
853 F. Supp. 73 (1994)

Facts

Kin Cheung Wong (plaintiff) hired attorney Michael Kennedy (defendant) to represent Wong in a criminal trial. Wong and Kennedy entered into a retainer agreement that fixed the cost of the representation at $225,000, with $75,000 payable upon signing the agreement. Further, the agreement stated that any fee actually paid would be considered earned and was thus nonrefundable if Wong terminated the agreement. The agreement also specified that the $225,000 would cover all costs associated with the representation at the district court, including up to 10 weeks of trial. Shortly after signing the agreement and paying the initial $75,000, Wong terminated the agreement. Wong sued Kennedy seeking a refund of the $75,000 paid under the theory that the retainer agreement violated the Code of Professional Responsibility and was thus void and unenforceable as against public policy. Wong moved for summary judgment on the unenforceability claim.

Rule of Law

Issue

Holding and Reasoning (Glasser, J.)

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