THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case Nos. 96-500 & 96-816, Kathleen Taylor-Boren v. Andrew L. Isaac, Esq. & a., the court upon February 18, 1999, made the following order:

 

Motion for reconsideration is denied. The opinion dated December 30, 1998, is modified by deleting the first full paragraph on page 2 of the slip opinion and replacing it with the following paragraph:

While employed as an attorney by defendant Wiggin & Nourie (law firm), defendant Andrew L. Isaac represented the plaintiff in an action against the City of Concord. The plaintiff had entered into a fee agreement with the law firm providing for a contingent fee of forty percent of the recovery, plus expenses. On January 4, 1996, four days before the scheduled trial, Isaac's affiliation with the law firm ended. Isaac agreed to continue to represent the plaintiff, with the law firm providing litigation support services. The law firm agreed to give Isaac all attorney's fees in the case, agreeing to be reimbursed only for its expenses. On January 11, 1996, the plaintiff's guardian sent a letter to an attorney at the law firm setting forth the terms of Isaac's and the law firm's continued representation. The case proceeded to trial in the superior court on January 16, 1996. On January 19, in the midst of the plaintiff's testimony, Isaac settled the case for $511,000, and agreed to reduce his fee to $100,000. The plaintiff admits authorizing settlement for any amount in excess of $500,000, but alleges that any settlement was conditioned upon her completing her testimony about specific events giving rise to the litigation. The plaintiff contends that the settlement was unauthorized because she did not complete her testimony.

Distribution:

Clerk, Merrimack County Superior Court 96-C-0146
Richard Y. Uchida, Esquire
Russell F. Hilliard, Esquire
Elizabeth Cazden, Esquire
William S. Orcutt, Esquire
Thomas W. Aylesworth, Esquire
Honorable Kathleen A. McGuire
Donna K. Nadeau, Supreme Court
West Publishing Co.
Lexis-Nexis, Michie
Bar News
File


Howard J. Zibel,
Clerk