Supreme Court of New Jersey

Starkey, Kelly, Blaney & White, Plaintiff-Respondent v. Estate of Nancy Nicolaysen, Lisa Gelburd and Sigurd…

May 9, 2002172 N.J. 60

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment, holding that the attorney's oral contingency fee agreement was unenforceable for failing to be reduced to writing within a reasonable time, but the attorney is nevertheless entitled to reasonable compensation under a quantum meruit theory, with the judgment entered as a lien against the estate only and limited to an amount no greater than what the written agreement would have yielded.