The plaintiff-law firm has not produced a signed copy of its alleged contingent fee contract with the defendant-limited liability companies, and the client-LLCs deny executing the contract. However, the third-party defendant attorney has attested that Rocco Scarfone—a member of the defendant-LLCs, who had authority to sign the contract—represented to the attorney on multiple occasions that he had signed the contract. Issues of credibility make summary judgment inappropriate on the law firm’s claim for breach of contract.
Defendants’ motion for summary judgment is denied.
Absent a contract, an attorney is entitled to recover the amount that is reasonable and customary for work of like kind, performed under like conditions and circumstances. Should plaintiff’s breach of contract fail at a trial on the merits, plaintiff is permitted to proceed on its alternative claim for quantum meruit.
Rossabi Law PLLC v. Greater Greensboro Entertainment Group, LLC (Lawyers Weekly No. 020-031-21, 20 pp.) (Michael Robinson, J.) Gavin Reardon and Amiel Rossabi for plaintiff and third-party defendant; Scott Hale for defendants. 2021 NCBC 31