Cases: Ethics

Ethics: New York State Bar’s Ethics Committee Issues An Opinion Indicating That Attorneys Can Charge For Answering Billing Questions If Advance Notice Is Given To A Client

Cases: Ethics

Ethics Opinion 1299 Is What Was Issued; Time On Genuine Billing Disputes Should Not Be Billed. New York State Bar Association’s Committee on Professional Ethics has issued Opinion 1299 on August 31, 2026.  It states that, with advance notice to the client, an attorney may bill a client for discussing continued billing questions, because it […]

Appeal Sanctions, Ethics: Appellants’ Counsel’s Disparaging The Trial Judge Of Being Biased, Without Any Support, Drew A $1,000 Contempt Sanction

Cases: Appeal Sanctions, Cases: Ethics

Plus The Opinion Had To Be Reported To The State Bar. A Company Hungary KFT v. Bespalov, Case No. B336640a (2d Dist., Div. 4 Aug. 4, 2026) (published) is an opinion where an appellants’ counsel was assessed with a $1,000 contempt sanction for disparaging a trial judge, without evidence, in appellate briefing.  The panel found

Discovery, Ethics, Sanctions: In Pro Per Litigant Not Automatically Disqualified As Far As Seeking $1,000 In Monetary Sanctions From Defense For Failing To Produce Document Responses Under CCP § 2023.050

Cases: Discovery, Cases: Ethics, Cases: Sanctions

Litigant Did Not Need To Show Expenses Were Actually Incurred, Plus The Appellate Court Reminds Us That Civility Applies To Both Self-Represented And Represented Litigants. In Damak v. Superior Court, Case No. G065583 (4th Dist., Div. 3 July 8, 2026) (published), a self-represented litigant (plaintiff) filed a motion to compel when the defense did not

Appeal Sanctions, Ethics, Sanctions, SLAPP: 1/4 DCA Affirms $41,580 Attorney’s Fees Award Against Self-Represented Appellant For Previous Appeal, Imposes $10,000 In Sanctions For Frivolous Appeal, And Remands To Lower Court For Award Against Appellant For Fees Incurred By Respondent On Latest Appeal

Cases: Appeal Sanctions, Cases: Ethics, Cases: Sanctions, Cases: SLAPP

In A Masterclass Of What Not To Do On Appeal, Self-Represented Appellant Challenged A Fee Award Ordered Against Him By Rehashing Issues Determined Previously On Appeal, Raising Issues Not Previously Raised, Attacking The Character Of Respondent And His Counsel, And Insulting Court Staff And Judicial Officers. In a case that has dragged on in excess

Ethics: Although Discovery Sanctions Affirmed In A Family Law Matter, Appellate Court Advises Attorneys Not To Make Character Attacks In Appellate Briefs

Cases: Ethics

It Reminds All Attorneys, Even Younger Ones, To Safeguard Their Reputations—You Have To Preserve Them! No need to post on the specifics of Marriage of Alexander, Case No. A172184 (1st Dist., Div. 2 Jan. 27, 2026, posted on Jan. 28, 2026) (unpublished), which affirmed discovery sanctions imposed in a very contentious family law case.  However,

Ethics, Settlement: Client May Ratify An Unauthorized Settlement Unless It Was Not Truly Voluntary

Cases: Ethics, Cases: Settlement

Clients In the Case Did Ratify, Which Earned The Settling Former Attorneys A Nice Contingency Fee Award. Chong v. Mardirossian Akaragian LLP, Case No. B341157 (2d Dist., Div. 5 Jan. 8, 2026) (partially published; fee discussion published) contains a good discussion of when a client can ratify an unauthorized settlement reached by former attorneys and

Employment, Ethics:  $576,000 Attorney’s Fees Award Against Cross-Defendant On FEHA Claim Allowed As An Amendment On The Eve Of Trial Was Affirmed Where The Cross-Complainant Recovered $1.4 Million In Damages

Cases: Employment, Cases: Ethics

Cross-Complainant Sought $1.25 Million In Fees; Fees Were Appropriate Despite The Delay In Adding The FEHA Cross-Claim. This case is interesting to show how procedural rulings to add a claim at trial—such as a FEHA cross-claim—can make or break the affirmance of a subsequent fee award to the prevailing FEHA cross-complainant. Pak v. Rassman, Case

Ethics: Defense Counsel’s Failure To Notify Plaintiff Or Lower Court About Ineligibility To Practice Of Plaintiff’s Attorney Led To A Reversal And Remand Of An Adverse Fee Award Against Plaintiff

Cases: Ethics

Plaintiff Was Not In Pro Per, But Basically Unrepresented By Ineligible Counsel And No One Gave Her Notice Of The Ineligibility—Civility Again Stressed In The Fees Area.                Civility has been stressed in many recent appellate opinions, with fee reductions affirmed and with multipliers denied based on incivility by a litigant’s claiming attorney asking for

Construction, Costs, Ethics, Indemnity, Fee Clause Interpretation, Section 1717: $4.176M Contractual Fee Award To General Contractor And Against Owner Affirmed On Appeal, But Expert Witness Costs Award To General Contractor Reversed As A Matter Of Law

Cases: Construction, Cases: Costs, Cases: Ethics, Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Section 1717

Case Explores Fee Clause Interpretation, An Award Of Fees To An Unlicensed Associate Supervised By A California Attorney, And An Award Of Expert Witness Costs Which Were Not Pled Or Proven As Damages.                The Whiting-Turner Contracting Co. v. 250 Fourth Development LP, Case No. A169470 (1st Dist., Div. 5 June 13, 2025) (unpublished) is

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