After a disgruntled client posted a review on Yelp page of his former attorney, and the attorney responded, the attorney sued the client for defamation. The client responded by filing counterclaims for defamation, breach of fiduciary duty, and legal malpractice. The district court dismissed the client’s counterclaims for breach of fiduciary duty and malpractice while denying the attorney’s motion to dismiss the defamation counterclaim. The court then denied cross-motions for summary judgment, finding that genuine disputes of fact remained.
Alisa Levin is an attorney licensed in Illinois. Paul Abramson is a resident of California Abramson hired Levin to assist a different attorney with writing services in an Illinois lawsuit. Abramson alleged that he hired Levin as a ghostwriter, and her name was not to be included in any filings. Abramson paid Levin a $4,000 retainer and signed a written retainer agreement specifying that Levin would charge $315 an hour for her time.
In December 2015, Levin sent Abramson an invoice for 37.5 hours of her time, which resulted in fees of $9,167 over and above the $4,000 retainer. Abramson responded and disputed the amount, but Levin charged Abramson’s credit card later that day. Abramson then terminated Levin shortly after that by asking her to stop work in an email. Abramson then made complaints to the Chicago Bar Association and Illinois Attorney Registration and Disciplinary Committee. Abramson also initiated a chargeback dispute with his bank, but after an investigation the bank returned the funds to Levin in June 2016. In 2017, Abramson began invoicing Levin’s firm and had a collection agency make calls to Levin. Continue reading ›