However, They Are Only Guidelines And Not An Independent Basis For Sanctions, Discipline, Or More Litigation—But They Are Salutary In Nature And Should Be Followed. Tut Jackson (left) and Jack Johnson shaking hands prior to their bout for the World’s Heavyweight Championship, W.E. Palmer, photographer, 1922. Library of Congress. Co-contributor Marc was given […]
Local Orange County Attorney Michael S. LeBoff Provides The Nine Tips. In the December 2020 edition of the Orange County Lawyer magazine, Michael S. LeBoff, a partner at Klein & Wilson, in Newport Beach, California, has authored an article entitled “Increase Collections and Avoid Costly Fee Disputes: Nine Practical Tips.” We now summarize some
However, Matter Was Remanded For Trial Judge To Consider Quantum Meruit Recovery. Hance v. Super Store Industries, Case No. F075852 (5th Dist. Jan. 23, 2020) (published) is a very scholarly opinion exploring an ethics issue. Briefly told, a plaintiff’s class action attorney was an experienced labor attorney, but he referred the matter to class
A Stirring Ethical Opinion, Which Every Attorney Should Read. We acknowledge that this post on Lasalle v. Vogel, Case No. G055381 (4th Dist., Div. 3 June 11, 2019) (published) is not related to attorney’s fees, but it is worthy of a post and a reminder to all California attorneys that we are both officers
However, Arbitrator’s Decision Not To Award Almost $1 Million In Arbitration Fees Based On Trope Prohibition Was Nonreviewable “Arbitrator Judgment Call.” In eGumball, Inc. v. Call & Jensen, et al., Case Nos. G055852 and G055989 (4th Dist., Div. 3 May 17, 2019) (unpublished), a well-known Orange County law firm initiated arbitration to collect unpaid
And In The Published Part, An Attorney Is Reported To The State Bar For Misconduct. We blog about the next case a) because it involves attorney’s fees in its unpublished portion; b) because it addresses attorney misconduct in its published portion; and c) because Mike and Marc represented Defendants in their successful response to
Equitable Estoppel Theory Was Not Supported By The Evidence. On December 19, 2012, we posted on Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler, 212 Cal.App.4th 172 (2012) [discussed in our December 19, 2012 post], which held that a party may be equitably estopped from enforcing the rule which prohibits attorney fee splitting where
Lots of Questions Remain, Given This Was Not An FAA Case; However, Boilerplate Conflict Waivers Do Not Do The Trick. The California Supreme Court has just come out with a widely-watched opinion in Sheppard, Mullin, Richter & Hampton v. J-M Manufacturing Company, Inc., Case No. S232946 (Cal. Supreme Court August 30, 2018) (published), although it
Ex-Clients Were Not Entitled To Rescind Settlement Agreement For Purported Ethical Violations. The First District, Division 1, in Property California SCJLW One Corp. v. Leamy, Case No. A152959 (1st Dist., Div. 1 Aug. 9, 2018) (published), had to confront whether ex-clients entering into a settlement agreement over a fee dispute with their former attorneys
Court Of Appeal Reversed, But On A 2-1 Vote. In one of our likely last posts for 2017, we enter into the area of ethics as far as disqualification of an attorney in an action relating to a CCP § 998 offer. Miralda v. Heng Sheng, Inc., Case No B282158 (2d Dist., Div.
