Tenn. client owes Philadelphia law firm $73K in legal fees, suit says

By Nicholas Malfitano | Sep 28, 2017

PHILADELPHIA – A Philadelphia law firm has initiated legal action against one of its former clients and his business in Tennessee, claiming they owe it more than $73,000 in legal fees for services rendered.

Fineman Krekstein & Harris of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Sept. 12 versus Scott Fish and UP Development Company, LLC, of Franklin, Tenn.

Fish and UP retained the plaintiff firm in or about June 2004, to provide legal counsel for them in connection with various real estate matters, a duty fulfilled by attorney Michael H. Krekstein, according to the lawsuit.

“The work performed was in connection with loans from The Bancorp Bank to entities controlled by Fish and secured by mortgages against a retail shopping mall in Orlando, Fla. called Fashion Square Mall and a commercial fishing pier on Stock Island in Key West, Fla. The loans were personally guaranteed by Fish and March 2016, were all in default. Specifically, Krekstein and FKH were engaged to eliminate or reduce Fish’s personal liability under those loans,” the lawsuit states.

Fish and the plaintiff firm were in contact on an almost daily basis from October 2016 to January 2017, the suit says, while the defendants benefited from Krekstein and FKH’s legal services. During this time period, the suit says FKH provided the defendants with statements and invoices for same.

The plaintiff firm explains the defendants made partial, but not complete, payments.

“Despite repeated attempts by FKH, defendants have failed and refused to pay the above-described sums owed to FKH. FKH has made final written demand for payment upon defendants, but defendants have failed and refused to pay the overdue and outstanding invoices,” the suit says.

For counts of breach of contract, unjust enrichment, action on account stated and promissory estoppel, the plaintiff is seeking damages, jointly and severally, in the amount of $73,600.76, plus interest as may be allowable by law, together with costs of suit and such further relief as the Court deems just and proper.

The plaintiff is represented by S. David Fineman and Graeme E. Hogan of Fineman Krekstein & Harris, in Philadelphia.

Philadelphia County Court of Common Pleas case 170901076

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

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