Cases: Ethics

Ethics: Simultaneous Representation Of Corporation And Major Shareholder For Common Goal Not Related To Corporate Mgmt./Control May Not Be A Conflict, But A Dispute Over Corporate Mgmt. Can Create A Conflict Between The Corporation And Major Shareholder

Cases: Ethics

Discussion Occurred When Corporate Attorney Sought To Collect Unpaid Fees.             When a trial court granted and disallowed some unpaid fees by a corporate attorney representing the corporation and major shareholder, separately and together at times, the Fifth District in Cyril Lawrence, Inc. v. K.S. Aviation, Inc., Case No. F079662 (5th Dist. Oct. 26, 2021) […]

Ethics: 4/3 DCA Justice Fybel Provides Tips For Judges To Avoid Ethical Issues

Cases: Ethics

OCBA ZOOM Meeting On August 5, 2021 Provides Some Nice Guidance.             On August 5, 2021, Justice Richard Fybel provided a symposium for lawyers and judges on how California judges (and lawyers, for the matter) should ethically guide themselves, both in court and out of court, under the California Code/Canon of Ethics.  Here are the

Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P § 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. Performance Under Retainer Agreement

Cases: Ethics, Cases: Interest, Cases: Reasonableness of Fees, Cases: Retainer Agreements

Attorney Obtained Substantial Pretrial Attachment, But He Did Not Obtain Substantial Interest On Delinquent Fees Because No Interest Provision Was Present In The Retainer Agreement.             Pech v. Morgan, Case No. B300524 (2d Dist., Div. 3 Mar. 11, 2021) (published) is an instructive decision indicating how enforceable, compliant fee agreements are dealt with in pretrial

Ethics, POOF!, SLAPP!: Attorney Fees And Costs Awarded To Successfully SLAPPing Defendants Goes POOF! With Reversal Of Trial Court’s Partial Grant Of Defendants’ SLAPP Motion

Cases: Ethics, Cases: POOF!, Cases: SLAPP

Defendants’ Internet And Twitter Statements Against Plaintiffs Consisted Mainly Of "Vulgar And/Or Adolescent Personal Insults, Misogynistic, Racist, And Xenophobic Comments, And Other Slurs Having Nothing To Do With Any Reasoned Discussion Of Trustworthiness, Competence, Or Any Other 'Public Issue Or An Issue Of Public Interest.'”             In Block v. Bramzon, Case Nos. B292129/B297198 (2d

Ethics, Quantum Meruit: Illinois Appellate Court Affirms Award Of Zero Fees To Contingency Attorneys Obtaining $25 Million Award For Clients Based On Failure To Substantiate Fees And On Certain Fiduciary Breaches To Client

Cases: Ethics, Cases: Quantum Meruit

However, Clients Had To Reimburse Certain Hard Costs To Attorneys.             Although we generally do not post on out-of-state cases, Vandenberg v. RQM, LLC, No. 10 L 003188, 2020 Ill. App. (1st) 190544 (Ill. App. June 26, 2020) is a sobering reminder of what contingency attorneys must do to obtain substantial fees where a settlement

Ethics: Orange County Bar Association Civility Guidelines Will Be Made A Part Of Local Rules

Cases: Ethics

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

Ethics, Retainer Agreements: December 2020 Article In The Orange County Lawyer Has Nine Practical Tips To Increase Collections And Avoid Costly Fee Disputes

Cases: Ethics, Cases: Retainer Agreements

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

Class Action, Ethics: One Counsel’s Failure To Disclose A Lack Of Professional Liability Insurance Invalidated Class Action Fee Division Agreement

Cases: Class Actions, Cases: Ethics

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

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

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