Cases: Ethics

Ethics, Off Topic: Default Vacated By 4/3 DCA Panel In Stark Reminder That Law Is A Profession, Not A Business Only—Civility And Professional Courtesies Are Still Virtues

Cases: Ethics, Off Topics

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 […]

Arbitration, Ethics: Ethics Lapse Not Violating Any Rules Of Professional Conduct Did Not Disqualify Law Firm From Collecting Unpaid Receivable

Cases: Arbitration, Cases: Ethics

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 G055852 and G055989 (4th Dist., Div. 3 May 17, 2019) (unpublished), a well-known Orange County law firm initiated arbitration to collect unpaid

Employment, Ethics: Fourth District, Division 3, Affirms Award Of No Attorney’s Fees In Employment Case

Cases: Employment, Cases: Ethics

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         We blog about the next case a) because it involves attorney’s fees in its unpublished portion; b) because it addresses attorney misconduct in its published portion; and c) because Mike and Marc represented Defendants in their successful response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

Ethics, Retainer Agreements: On Remand, Trial Court Properly Found Equitable Estoppel Did Not Alter The Rule Invalidating Fee Sharing Among Attorneys

Cases: Ethics, Cases: Retainer Agreements

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

Ethics, Retainer Agreements: California Supreme Court Decides That Undisclosed Conflict Of Interest Rendered Retention Agreement And Arbitration Award Unenforceable, But Remands For Trial Court To Consider If Quantum Meruit Recovery Was Permissible

Cases: Ethics, Cases: Retainer Agreements

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

Ethics, Settlement: Attorneys, Under Settlement Agreement Of Fee Dispute With Ex-Clients, Did Not Have To Reveal Potential Legal Malpractice Claims For Purposes Of Entering Into Valid Settlement Agreement Over Fees Dispute

Cases: Ethics, Cases: Settlement

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

Ethics/Section 998:  Litigant’s Counsel Alleged Fraudulent Activities In Relation To CCP § 998 Offer Did Not Justify Disqualification

Cases: Ethics, Cases: Section 998

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.

MCLE/Ethics: Ensure That Your Clients Pay Your Fees

Cases: Ethics, CONTINUING LEGAL EDUCATION

Professional Responsibility Article Covers Basics Of Proper Retainer Letter And Attorney Billing Practices.      Under the heading “Ensure That Your Clients Pay Your Fees”, attorney Lorraine M. Walsh of Walnut Creek has written an ethics/professional responsibility article that appears in the November 4, 2016 on-line edition of the Los Angeles Daily Journal.  Ms. Walsh covers

Ethics: Agency Prevailing In Easement Battle Properly Allowed $112,777.40 In Fee Recovery For Work By Disqualified Counsel

Cases: Ethics

  Disqualification Order Did Not Prevent Some Work By DQ-ed Counsel.     Yuba County Courthouse.  1933.  Library of Congress.      Western Water Co v. Yuba County Water Agency, Case No. C072058 (3d Dist. Sept. 16, 2016) (unpublished) involved a fight over the scope of a water easement between plaintiff successor and the Agency.  Plaintiff sued

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