Cases: Ethics

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 Sept. 16, 2016) (unpublished) involved a fight over the scope of a water easement between plaintiff successor and the Agency.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

Arbitration/Ethics/POOF!: $1.3 Million Judgment Based On Arbitration Award Goes Away Because Former Attorneys Violated CRPC Rule 3-310

Cases: Arbitration, Cases: Ethics, Cases: POOF!

  Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose.      Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy.      A client’s former

Ethics: Attorneys Cannot Sue Current Client For Collection Of Fees Even If Client Waives Conflict With Advice From Independent Counsel

Cases: Ethics

  Fourth District, Division 3 Decides Conflict Unwaivable and Disqualification Order Sustained Under Inherent Authority Of Trial Court.     This next one, Abedi v. Sheikhpour, Case Nos. G050361/G050362 (4th Dist., Div. 3 Dec. 16, 2015) (unpublished), is a wild case producing an interesting 3-0 decision by Acting Presiding Justice Bedsworth.     The appellate court sustained

In The News . . . . Class Counsel In BSH Home Appliances Moldy Washer Case Get $6.5 Million In Fees/Expenses Approved And Virginia Standing Committee On Legal Ethics Issues Opinion Helpful To Chapter 7 Bankruptcy Attorneys Getting Paid For Debtor Services

Cases: Bankruptcy Efforts, Cases: Class Actions, Cases: Ethics, In The News

  $55 Cash Payment Under Claims Procedure Was Consideration, With Class Counsel Obtaining $6.5 Million In Fees And Expenses.     In Tait v. BSH Home Appliances Corp., Case No. 8:10-cv-00711 (C.D. Cal. July 27, 2015), U.S. District Judge David O. Carter approved a $6.5 million payment of fees/expenses to class counsel in a case involving

Ethics/Probate: Attorney’s Fees Awards To Conservatee”s And Conservator’s Lawyers Affirmed On Appeal

Cases: Ethics, Cases: Probate

  Conservatee’s Daughter’s Appeals Sadly End Contentious Conservatorship Fee Proceedings.      In a bitterly contested conservatorship proceeding, Conservatorship of Gdowski, Case Nos. G043583 & G044070 (4th Dist., Div. 3 July 7, 2011) (both unpublished), two appeals resolved awards of attorney’s fees to the lawyers for both conservatee and conservator resulting from conservatee’s daughter’s objections to

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