Philly firm files suit against colleagues over referral fees

By Nicholas Malfitano | Feb 1, 2017

PHILADELPHIA – A recent lawsuit filed in state court revolves around referral fees and legal costs for two Philadelphia law firms that at one time teamed for an automobile accident case.

Simon & Simon P.C. 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.

Philadelphia County Court of Common Pleas case 170103393

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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