Rohan v. Rosenblatt, No. Cv93-0116887s (Aug. 13, 1999)

1999 Conn. Super. Ct. 11351, 25 Conn. L. Rptr. 287
CourtConnecticut Superior Court
DecidedAugust 13, 1999
DocketNo. CV93-0116887S
StatusUnpublished
Cited by2 cases

This text of 1999 Conn. Super. Ct. 11351 (Rohan v. Rosenblatt, No. Cv93-0116887s (Aug. 13, 1999)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rohan v. Rosenblatt, No. Cv93-0116887s (Aug. 13, 1999), 1999 Conn. Super. Ct. 11351, 25 Conn. L. Rptr. 287 (Colo. Ct. App. 1999).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
The plaintiff Jeffrey Rohan brings this action against the defendant Leon Rosenblatt, his former attorney, to recover an allegedly unreasonable and excessive legal fee paid by Rohan to Rosenblatt. The defendant charged Rohan a one-third contingency fee to collect the proceeds of a $100,000 life insurance policy insuring his wife. The defendant denies that the $33,333.33 fee that he charged was unreasonable or excessive.

The court finds the facts as hereafter set forth. On January 24, 1991, the plaintiff's wife, Patricia Moore — Rohan, applied for a $100,000 life insurance policy to be issued by First Colony Life Insurance Company. The beneficiary was to be her husband, the plaintiff. On February 14, 1991, less than one month later, Moore-Rohan was diagnosed as having terminal lung cancer. Shortly after that, Rohan spoke with the defendant about the likelihood of First Colony paying the proceeds of the new life insurance policy. They also discussed the possibility of reinstating a Prudential life insurance policy that had lapsed.

First Colony issued its policy in March, 1991. On April 29, 1991, Moore-Rohan died. After her death, Rosenblatt represented the plaintiff with respect to both the Prudential and First Colony policies. It soon become evident that the Prudential policy could not be reinstated and Rosenblatt therefore focused his effort on the First Colony policy.

Rosenblatt told Rohan repeatedly in June that he believed suit would be necessary to collect the proceeds of the First Colony policy. He also told Rohan that the litigation would be "horrendous." Rosenblatt's beliefs about the litigation were based on the chronological facts, i.e., that Moore — Rohan was diagnosed with cancer so soon after she applied for the insurance CT Page 11352 and that she died so soon after the policy was issued. He had no factual basis for his conclusions. Neither First Colony nor Rohan's insurance agent had denied payment or indicated there would be a problem with payment.

On June 14, 1991, Rohan and Rosenblatt met and discussed a fee arrangement. The defendant asked Rohan what type of fee arrangement he wanted. Rohan initially said an hourly fee, but also said that he had no money to pay a fee on that basis. They therefore agreed to a one-third contingency fee. They did not discuss whether the contingency fee would apply if the matter was resolved without the need to file suit. Because Rosenblatt repeatedly stated that litigation was inevitable, Rohan believed filing suit would be necessary and the contingency fee was therefore appropriate. At the time the fee agreement was made, Rohan was distraught over his wife's death and under the care of a psychologist. He was worried about paying the funeral bill and saving his house from foreclosure. Rosenblatt confirmed the agreement for a contingency fee in a brief letter dated June 18, 1991. He did not ask Rohan to sign a copy of the letter.

On August 20, 1991, First Colony paid the face amount of the policy plus interest from the date of death. James Sawyer, Rohan's insurance agent, delivered the check to Rohan at his house. Happy to have the money, Rohan promptly called Rosenblatt to inform him that the policy had been paid. Rohan also asked Rosenblatt how much of a fee he owed. Rosenblatt told him it was "a lot of money, $33,333.33". Rosenblatt also told Rohan he needed the money to pay his share of the expense of remodeling his law office. Rohan deposited the insurance check and then mailed Rosenblatt a check for $33,333.33.

At the time that Rohan paid $33,333.33 to Rosenblatt, Rohan, a Hartford police officer, did not know what an appropriate attorney's fee would be under the circumstances. He trusted Rosenblatt and accepted his assurance that the fee was reasonable. Some months later Rohan had second thoughts about the amount of Rosenblatt's bill. He spoke with Sawyer and wrote to First Colony to find out how much work Rosenblatt had done. In July, 1992, he consulted a new attorney and retained him to seek the return of most of the $33,333.33 that he paid Rosenblatt. Rohan filed for fee mediation with the Connecticut Bar Association and appeared with his new counsel at the fee mediation hearing. Rosenblatt refused to appear or participate in the fee mediation. CT Page 11353

Rosenblatt never provided Rohan with a detailed bill showing the work that was done and the time that he spent, despite Rohan's requests. At trial Rosenblatt was evasive about how much time he spent to collect the First Colony policy. He stated that he met with Rohan, corresponded and spoke with Rohan, First Colony, Sawyer and Equifax, did some document review and did one to two days of research in the law library. He finally conceded during his testimony that he did not do "a lot of work" on this case and that he did not spend more than twenty-five hours on the matter.

Rohan testified that he trusted and relied on Rosenblatt and feels that Rosenblatt took advantage of him. He believes the defendant should be paid for the time he spent on the First Colony case, but that $33,333.33 is an exorbitant fee for the work that was done.

Rohan's amended complaint is set forth in three counts. The first count alleges that Rosenblatt breached his duty to Rohan in several respects, including by deceiving Rohan into thinking that $33,333.333 was a reasonable fee under the circumstances and by deceiving Rohan as to the true extent of his efforts to obtain the insurance proceeds. He further alleges that Rosenblatt knew or should have known that First Colony was treating the claim as a routime matter.

An attorney-client relationship imposes a fiduciary duty on the attorney. Beverly Hills Concepts, Inc. v. Schatz Schatz,Ribicoff Kotkin, 247 Conn. 48, 56 (1998). This fiduciary relationship is characterized by a unique degree of trust and confidence between the parties; the attorney has superior knowledge and expertise and has the duty to represent the interests of his or her client. Id. An attorney must have personal integrity and responsibility and show a high degree of fidelity and good faith toward the client. Andrews v. Gorby,237 Conn. 12, 20 (1996)

The attorney as fiduciary bears a two fold burden in dealings with the client. First, the attorney bears the burden of proving fair dealing with the client. Secondly, the attorney bears a higher burden of proof than the customary standard; the attorney must prove fair dealing with the client by clear and convincing evidence. Id., 21; Dunham v. Dunham, 204 Conn. 303, 322-3 (1987). Our courts have always given close scrutiny to attorney-client CT Page 11354 relationships. Andrews v. Gorby, supra, 237 Conn. 21. The superior position of the fiduciary provides opportunity for abuse of the confidence placed in him or her. Dunham v. Dunham, supra,204 Conn. 322. Because a distressed plaintiff may yield too uneasily to unfair demands from his or her attorney, courts will look closely at a contract for contingent fees and will declare it void if the compensation is unfair or excessive. Gruskay v.Simenauskas, 107 Conn. 380, 386 (1928).

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1999 Conn. Super. Ct. 11351, 25 Conn. L. Rptr. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohan-v-rosenblatt-no-cv93-0116887s-aug-13-1999-connsuperct-1999.