A fee dispute between Nixon Peabody and a former client escalated in San Francisco Superior Court when Judge Marla Miller allowed cross-claims of improper billing against the firm to proceed.

Former Nixon Peabody client Gregory Shenkman, who is represented by lawyers from Cotchett, Pitre & McCarthy, alleges Nixon overestimated the amount he’d recover in a construction defect lawsuit he filed in Marin County in 2009 and made promises about the amount to be billed to him. Shenkman claims the firm told him he’d recover more than $6 million in the action and would pay $360,000 in fees. Instead, Shenkman said in court papers he was billed $620,000 in fees and recovered only a little more than $1 million.