You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

SCF Consulting, LLC v. Barrack Rodos

Citations: 165 A.3d 903; 2017 WL 444589; 2017 Pa. LEXIS 235Docket: 347 EAL 2016 (Granted)

Court: Supreme Court of Pennsylvania; January 31, 2017; Pennsylvania; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Pennsylvania, Eastern District, issued an order on February 1, 2017, granting SCF Consulting, LLC's petition for allowance of appeal, but limited to a specific issue. The court denied allocatur regarding all other issues raised. The key issue for consideration is whether the Trial Court and Superior Court erred in upholding Barrack, Rodos, and Bacine's demurrer to all counts of SCF Consulting’s complaint. SCF argues that even if the Compensation Plan contravenes R.P.C. 5.4, Pennsylvania law and public policy necessitate enforcement of the agreement to prevent attorneys from evading liability or benefiting from breaches of the Rules of Professional Conduct. Justice Mundy did not participate in this decision.

Legal Issues Addressed

Enforcement of Agreements Against Public Policy

Application: SCF Consulting, LLC contends that notwithstanding potential contraventions of the Rules of Professional Conduct, public policy demands enforcement of the Compensation Plan to prevent attorneys from evading accountability.

Reasoning: SCF argues that even if the Compensation Plan contravenes R.P.C. 5.4, Pennsylvania law and public policy necessitate enforcement of the agreement to prevent attorneys from evading liability or benefiting from breaches of the Rules of Professional Conduct.

Judicial Participation in Decision

Application: Justice Mundy abstained from participating in the decision regarding SCF Consulting, LLC's petition for allowance of appeal.

Reasoning: Justice Mundy did not participate in this decision.

Scope of Appeal in Supreme Court Review

Application: The Supreme Court of Pennsylvania limited its review to a specific issue raised in the appeal by SCF Consulting, LLC, denying review of other issues.

Reasoning: The Supreme Court of Pennsylvania, Eastern District, issued an order on February 1, 2017, granting SCF Consulting, LLC's petition for allowance of appeal, but limited to a specific issue.