PHILADELPHIA – Counsel for a Philadelphia law firm has rejected claims for alleged outstanding legal fees, saying the opposing plaintiff firm bringing forth the claims has no legal basis with which to do so.

Per a complaint answer filed by defense counsel Frank Pollock on March 16, many of Simon & Simon’s assertions were denied as conclusions of law to which no response was required.

In new matter, Pollock claims the plaintiff firm failed to state a claim upon which relief may be granted, and the claims are barred by the applicable statute of limitations and doctrines of waiver, estoppel, laches, accord and satisfaction, as well as the parol evidence rule.

Simon & Simon P.C. first filed suit on Jan. 25 in the Philadelphia County Court of Common Pleas, versus Flynn & Associates P.C., Alfred J. Falcione and Thomas F. Flynn III.

“On or about Sept. 25, 2011, both Tina and Hannah Kong retained Simon & Simon law firm to represent them on a contingent fee basis arising out of the injuries they sustained from said motor vehicle accident,” the suit says.

“In or around February 2013, Simon & Simon filed a lawsuit on behalf of Tina and Hannah Kong in the Burlington County Superior Court [in New Jersey] for injuries they sustained against the tortfeasor. Thereafter in or around October 2013, Tina and Hannah Kong terminated Simon & Simon as counsel and retained Flynn & Associates and Alfred Falcione as counsel,” the suit continues.

“At or around the same time, Simon & Simon contacted the defendants and provided them with an itemized cost for the amount of money expended in ‘hard costs’ for this matter, $2,701. Simon & Simon also requested the defendants honor a one-third referral fee the defendants receive from Tina and Hannah Kong’s case,” the suit adds.

On or about Oct. 23, 2013, defendant Falcione is said to have forwarded a letter to Simon & Simon indicating his firm would pay a one-third referral cost of their total fee should the matter be settled before trial. But the plaintiff claims the matter has been settled and has not been reimbursed by the defendants as allegedly promised.

The plaintiff is seeking damages in excess of $50,000, plus costs of suit and pre-judgment interest.

The plaintiff is represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Pollock of Flynn & Associates, also in Philadelphia.

Philadelphia County Court of Common Pleas case 170103393

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Organizations in this Story

Philadelphia County Court of Common Pleas
1501 Arch Street
Philadelphia, PA - 19102

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