Two Portsmouth Firms Entangled in Supreme Court
Court Alerts
A Portsmouth law firm and a Portsmouth contracting firm are tangled in Supreme Court litigation after serving as each other's unhappy customers two years ago.
The high court heard oral arguments Wednesday in a Consumer Protection Act claim by the Becksted Associates construction firm against the Nadeau law firm for using alleged deceptive and coercive business practices against them.
That's just one of several lawsuits between the two companies in the past year.
Attorney J.P. Nadeau and his son, Justin Nadeau, an attorney and former Democratic Congressional candidate, won a directed verdict for the firm in Rockingham County Superior Court in 2006 dismissing the consumer protection charge. The Becksteds appealed to the Supreme Court.
Both sides agree William Becksted Sr. and his son, William Becksted Jr., were renovating the second floor of the Nadeau law firm into an apartment for Justin Nadeau. The Nadeau court brief says the Becksteds were still billing Justin for more than $39,000 after he had paid $166,000 for a project he had understood would cost no more than $100,000, and later would cost no more than $154,000.
Nadeau refused to pay the balance because he was disappointed with the cost overruns and the work he was getting. According to both sides, he sent the contractors a letter March 4, 2005, on law firm letterhead threatening litigation unless they stopped dunning him. The Becksteds hired a different lawyer and sued the Nadeau firm on March 28.
Amid these mounting tensions, J.P. Nadeau was still representing the Becksteds in two unrelated legal cases on behalf of the construction firm. The elder Nadeau had sent his client no bills between the summer of 2004 and that December. In January 2005 he finally gave them an invoice for $12,001.50. It had obvious arithmetic errors, which Becksted Sr. picked up on. The total should been around $5,000, based on the hours and hourly rate.
Becksted asked the New Hampshire Bar Association for help resolving the billing issue. The elder Nadeau found out about it, rechecked his time log, changed the billable hours slightly, and sent a corrected bill for $5,335. He soon sent a bill for another $3,234 in legal fees for the second case he was working on. Eventually the combined legal bill reached $15,000.
Attorney Philip Pettis argued the Consumer Protection case for the Becksteds. He told the high court it was improper for the Nadeau firm to keep representing them as lawyers. Pettis also noted the legal bills arrived only after the contracting dispute had flared up.
Justice Richard Galway asked why this case is any different from the average contract dispute. Pettis said the lawyers were using their position of relative power as unfair leverage. It's hard to change lawyers in the middle of litigation. He also called the incorrect billing "inflated and deceptive."
Chief Justice John Broderick said a billing error is a foolish way to intimidate someone.
"Why would you do that if you weren't innocent?" he asked.
Pettis agreed that might not have been the best tactic.
Broderick grilled attorney Anna Barbara Hantz, the lawyer for the Nadeaus, the same way.
"You're working on my house," Broderick said. "I'm representing you in a legal case. I'm trying to use the bills you owe me to get you to drop claims against me over my house. We now have a personal dispute that's not going away. Does that bother you?"
Hantz said it certainly would.
"But the Consumer Protection Act doesn't have a different standard for lawyers," she added.
Related listings
-
Purdue Frederick pleads guilty in OxyContin case
Court Alerts 05/10/2007[##_1L|1113648157.jpg|width="120" height="88" alt=""|_##]Purdue Frederick Co. and three individuals pleaded guilty to charges of misbranding prescription painkiller OxyContin and will pay more than $634.5 million in penalties, the U.S. Justice Depart...
-
Lawyers plead guilty to fraud in U.S. trading case
Court Alerts 05/10/2007[##_1L|1308349605.jpg|width="130" height="90" alt=""|_##]A former Morgan Stanley <MS.N> lawyer and her attorney husband pleaded guilty on Thursday to conspiracy and securities fraud in what U.S. authorities have called the most pervasive inside...
-
Ex-treasurer pleads guilty in Nigerian investment scam
Court Alerts 05/09/2007[##_1L|1317394418.jpg|width="130" height="90" alt=""|_##]Even his attorney finds it baffling that former Alcona County treasurer Thomas Katona would have dumped as much as $1.2 million in public funds into fraudulent Nigerian investments. "It's the m...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.