GREENVILLE, S.C. (Legal Newsline) – A lawsuit brought by a South Carolina law firm alleging a physician failed to pay in full for legal services was stricken less than a year after its filing.
Rothstein Law Firm PA and David E. Rothstein filed a complaint on Nov. 15 in the U.S. District Court for the District of South Carolina, Greenville Division against Ozgur I. Ozkan, M.D. and Lisa M. Sotir alleging breach of contract and tortious interference with contract.
According to the complaint, Rothstein alleges that on July 24, 2014, he became defendant Ozkan's lawyer in a dispute with Palmetto Health/USC School of Medicine in South Carolina. The plaintiffs claim the legal matters were delayed numerous times by Ozkan and Sotir, his wife.
Due to the longer process, the suit states Rothstein had recorded nearly 300 attorney hours for a total bill of $80,518.47, which reflects the deduction of the original retainer amount of $7,500. The plaintiffs allege they were not paid for their services.
The defendants filed a motion for judgment in April, and the case was dismissed three months later by Judge Marvin Quattlebaum.
"(T)he defendants merely expressed their deep dissatisfaction with Rothstein’s legal services to the point that they were considering a lawsuit, which was ultimately never filed," the motion said.
"As a result, the defendants’ conduct could hardly be described as incompatible with the bounds of
decency in a civilized community."
Quattlebaum's ruling said the plaintiffs consented to the complaint being stricken. They can refile it if they omit portions of the original complaint that the defendants contend are protected by the attorney-client privilege.
U.S. District Court for the District of South Carolina, Greenville Division case number 6:17-cv-03096-TMC