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Petitioner Engages Lipsig, Sullivan, Mollen, and Liapakis
Sometime in April 1980, petitioner engaged the law firm of
Lipsig, Sullivan, Mollen, and Liapakis (the Lipsig firm) to
represent Hester and Maude in the malpractice action. The Lipsig
firm was to share in the 33-1/3-percent fee. Initially, the
Lipsig firm was to receive two-thirds of that fee, and petitioner
was to retain one-third. Later the proportions were changed to
one-half and one-half.
Prosecution of the Malpractice Action
In October 1980, the Lipsig firm commenced the malpractice
action in the Supreme Court of the State of New York, County of
New York (the New York court). The Lipsig firm filed a complaint
alleging that the defendants' medical services caused severe,
serious, and permanently disabling injuries to Maude, and caused
the loss to Hester of Maude's services. Petitioner did not
appear as attorney of record in any of the proceedings relating
to the malpractice action. Nevertheless, petitioner assisted and
was a tremendous help to the Lipsig firm in the prosecution of
the malpractice action. For example, he reviewed pleadings, he
assisted in trial preparation, he made specific suggestions on
matters such as reinstating a specific paragraph to the
complaint, he did legal research, e.g., as to the minimum
standards for hospital care in New York, he obtained experts, he
assisted in an interlocutory appeal, and he contributed
meaningfully to settlement of the action.
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