NEW YORK, Jan 26 (Reuters) - A law firm that defended
a former attorney convicted of forging the will of
philanthropist Brooke Astor has filed a lawsuit for unpaid legal
fees.
Davis & Gilbert filed the suit Wednesday in State Supreme Court in Manhattan alleging that Francis Morrissey owes it about
$220,000 in unpaid fees.
Morrissey was found guilty in 2009 of forging a change to
the will of Astor, who died with a $200 million estate in 2007
at the age of 105. The change in the will gave Morrissey's
client, Anthony Marshall, control of about $60 million of the
Astor estate. Marshall is Astor's son.
After a six-month trial in 2009, Morrissey was sentenced to
up to three years in prison. Marshall was convicted of grand
larceny and other related crimes, and sentenced to up to three
years in prison. Both men appealed their convictions in March
and have remained free pending the appeals. Morrissey was
disbarred in 2010.
Wednesday's lawsuit asserts that last spring Morrissey quit
paying Davis & Gilbert, which wrote trial briefs and worked on
his appeal, according to the complaint. It is not clear how much
he had already paid the firm. Morrissey's lead counsel at trial
was Thomas Puccio, who is not associated with Davis & Gilbert.
The lawsuit asserts claims of unjust enrichment and quantum
meruit, but does not allege breach of contract.
Miles Baum, who is representing the firm, did not return a
phone call seeking comment. A message left at a phone number
listed as Morrissey's residence was not returned.
The case is Davis & Gilbert v. Francis X. Morrissey, No.
0650226/2012.
For the plaintiff: Miles Baum, Davis & Gilbert, New York.
For the defense: Not immediately available.
Reporting by Leigh Jones
Follow us on Twitter: @ReutersLegal
Follow us on Twitter: @ReutersLegal
(Corrects index number)