While Z.G.’s brother signed a contingent fee agreement with Saltz Mongeluzzi on her behalf, Z.G. signed a fee agreement with the firm herself in November 2014, after turning 18.
Elliott Greenleaf Hearing Refusal : Employment Terms and Departure
At the time of the agreements, DeMarco was a salaried employee at Elliott Greenleaf and “was not entitled to a set fixed percentage of fees from business origination,” according to court testimony. Despite becoming a shareholder at the firm, his employment terms remained unchanged.
DeMarco left Elliott Greenleaf in December 2016 without a formal understanding regarding the referral fee for the pending injury case. He believed that Z.G. wished to remain his client after his departure from the firm.
Upon DeMarco’s departure, Z.G., a recent immigrant who did not speak English, signed a letter stating she considered DeMarco her attorney and wished for him to receive appropriate compensation upon the case’s resolution. However, DeMarco did not present this letter to Elliott Greenleaf until he filed his complaint in 2018. There were no written agreements between DeMarco and Saltz Mongeluzzi or Elliott Greenleaf regarding fees for the lawsuit.
Court’s Decision and Appeal
On September 2, 2022, Judge Richard P. Haaz ruled in favor of Elliott Greenleaf, stating that Z.G. was aware of the fee-sharing agreement and that the client’s letter, even if valid, was presented too late. DeMarco filed a post-trial motion to vacate the decision and request a jury trial.
