AS SEEN ON BUFFALONEWS.COM

Former client not quiet about legal fee dispute

A disgruntled (1) former (2) client of one of Buffalo's largest law firms has broadcast its feud over legal fees (3) onto the Web, on a billboard, and on fliers distributed at area law schools.

David and Daniel Elia, the former principals of the now-defunct (4) DA Elia Construction Co. in Niagara Falls (5), are accusing Damon & Morey LLP of "corruption that is undermining the very integrity of our legal system," (6) according to a Web site, www.damon-moreymisconduct.com, that the Elias created.

The Elias say the area's No. 3 law firm, which handled the company's bankruptcy case, hid a secret contingency fee agreement, lied to several courts about a conflict-of-interest by several attorneys, and secretly worked against its own client. (7) Besides the Web site, the duo put up a billboard on Niagara Falls Boulevard that has since been removed, and is now handing out fliers at the University at Buffalo Law School and emailing other firms in a bid to damage Damon & Morey's reputation. (8)

But the law firm, which represented DA Elia in Chapter 11 bankruptcy proceedings, says its $350,000 legal fee (9) was upheld by three federal courts despite the Elias' claims. (10) And it quotes judges who say the construction firm was just trying to avoid paying the money.

Damon & Morey is now exploring its legal options, but has not decided what action to take, said managing partner Peter S. Marlette.(11)

     

 

 

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ELIA RESPONSE TO

BUFFALO NEWS ARTICLE

(1) TRUE –“disgruntled” means “dissatisfied and unhappy”, who wouldn’t be if their lawyer lied and cheated them?

(2) NOT TRUE – it has not yet withdrawn as required by law

(3) NOT TRUE- “feud” is about Damon & Morey’s corruption & malpractice

(4) TRUE- “defunct” means “not operational”; the corporation has been ordered not to resume operations until all disputes are resolved

(5) NOT TRUE- located in Buffalo, never Niagara Falls

(6) TRUE –and the Elias have posted conclusive proof on the website

(7) Notice that nowhere has Damon & Morey ever denied these allegations

(8) NOT TRUE - the Buffalo News has no basis for this accusation; Damon & Morey’s is damaging its own reputation by engaging in misconduct that the Elias are merely exposing by publishing public records

(9) NOT TRUE - the amount Elia paid Damon & Morey is $743,691.12 even though it had represented  that its total fees would be $226,000

(10) NOT TRUE - Those Courts did not hear about (because Damon & Morey concealed) its secret contingency fee agreement, the actual number of attorneys that Damon & Morey had working against it own client or the false business records it used to conceal the conflict. If those Courts had heard this evidence, Damon & Morey would be able to cite the Record. Damon & Morey now impugns the integrity of these judges by falsely implying that they awarded it fees despite knowing about this egregious misconduct

(11) Damon & Morey can explore all it wants but it will be to no avail because the truth is a complete defense to any action that it might bring against the Elias


 
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