Miller v.
Jacobs & Goodman, P.A.,
699 So. 2d
729 (Fla. 5th DCA 1997).
A law firm
brought suit against former attorney employees and their new law firm,
for breach of contract regarding certain provisions of an employment
agreement regarding the division of client contingency fees upon an
attorney employee’s departure. The Eighteenth Judicial Circuit for
Seminole County ruled in favor of the plaintiff law firm. The trial
court held that the plaintiff law firm was entitled to receive 75% of
the fees pursuant to the terms of their employment agreement and was
also entitled to attorney fees for bringing this action.
Ms.
Lippincott represented the former employee attorneys and their new law
firm on appeal. The Fifth District Court of Appeal found that the
liquidated damages provision of the employment agreement giving 75% of
the fees to the plaintiff was void and
unenforceable and it remanded for a new division of fees.
