As you may recall, I have been anxiously awaiting a decision from the Judge on my motion to summarily dismiss an action commenced by a criminal defence lawyer against his adult client’s mother. He claimed that the mother verbally guaranteed the payment of his fees.
The decision came in.
Success!
The judge agreed with my argument. He concludes his 5 page decision as follows:
“….the fact remains that the formality requirements of section 4 of the Statute of Frauds have not been met, nor are any of the forms of relief against the section available on these facts. There is a valid rational for the statutory provision that such promises be in writing. ….. Moreover, the plaintiff, who is a lawyer, should have known of the necessity of obtaining the promise in writing. As the oral promise in question falls squarely within the operation of section 4 of the Statute of Frauds, no action may be brought on it.”
Claim dismissed……..