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Sep 14, 2012

Court states the obvious: Get it in writing

Long before their quibble over a fee split required the attention of the Court of Appeals, Donny Dunn and Hank Dart had worked well together. After the 2003 explosion at the West Pharmaceutical Plant in Kinston, the two joined forces to represent plaintiffs in the ensuing class action, splitting the fees as agreed in a pre-arranged agreement.

Sep 10, 2012

Attorneys – Contract – Fee-Splitting – Material Terms

Dunn v. Dart The parties, who served as counsel for some of the plaintiffs in a class action, never entered into a written fee-splitting agreement. Even in their email exchanges, the parties never reached agreement on the material terms of such a contract.

Jul 18, 2011

Attorneys – Contract – Fee Splitting – Client Approval – Further Negotiations

Dunn v. Dart The parties are attorneys who represented some of the plaintiffs in a class action in federal court. Even if the attorneys had reached a final agreement as to how they would split fees - which they did not - any such agreement would be unenforceable because the clients never agreed to it in writing. Defendants’ motion for summary judgment is granted.

Nov 5, 2010

Class action challenges LPS’ grip on foreclosures

Ever heard of LPS? Many attorneys haven't. But LPS - Lender Processing Services, Inc. - and like business entities exercise more day-to-day control over the conduct of bankruptcy, default and foreclosure cases in North Carolina and beyond than actual "clients." At least that is what several recent lawsuits allege. Shelby-based bankruptcy and foreclosure defense attorney O. Max Gardner III (picture[...]

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