Failure to Appeal Fee Order Was Dispositive, But Invalidity Ruling Was Back Up Reason Fee Recovery Was Allowable Anyway.
In Pierson v. Burlison, Case No. B244908 (2d Dist., Div. 4 Jan. 22, 2014) (unpublished), the appellate court decided two things of interest in the retainer agreement/fee areas: (1) an invalid attorney’s lien provision did not render the entire retainer agreement void; fees could be collected for services under the retainer, including contingency fees; and (2) an invalid attorney’s lien provision did not eviscerate a contractual fees clause as far as fee entitlement, even though the post-judgment fee order was not appealed so the discussion on this was an alternative ground for sustaining what happened in awarding fees to a prevailing party under the retainer agreement.