Cases: Ethics

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 G050361/G050362 (4th Dist., Div. 3 Dec. 16, 2015) (unpublished), is a wild case producing an interesting 3-0 decision by Acting Presiding Justice Bedsworth.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 G043583 & G044070 (4th Dist., Div. 3 July 7, 2011) (both unpublished), two appeals resolved awards of attorney’s fees to the lawyers for both conservatee and conservator resulting from conservatee’s daughter’s objections to

Ethics/Section 1717: Joseph P. Wohrle Pens Recent Article “Identifying Key Issues In Attorney’s Fees Litigation”

Cases: Ethics, Cases: Section 1717

March 2011 Article in The Advocate Magazine Explores Central Fee Issues.      For readers wanting a recent primer on key issues in attorney’s fees litigation, we commend for reading Joseph P. Wohrle’s article “Identifying Key Issues in Attorney’s Fees Litigation” which is published in the March 2011 edition of Advocate Magazine.      Mr. Wohrle, a

Retainer Agreements/Ethics: Business & Prof. Code, § 6147 Requirements Apply To Hybrid Contingency Agreements Involving Transactional Work

Cases: Ethics, Cases: Retainer Agreements

Second District, Division 4 Faces Issues of First Impression Under § 6147.      Justice Manella, speaking for a 3-0 panel of the Second District, Divison 4, faced some first impression legal issues with respect to the reach of Business and Professions Code section 6147’s requirements over certain hybrid contingency agreements. In particular, the appellate court

Equity/Ethics: Ninth Circuit Reverses Substantial Fee Award To Defense Counsel Unyielding In Providing Short Extension To Plaintiff’s Counsel For Purposes Of Opposing Summary Judgment Motion

Cases: Equity, Cases: Ethics

Professional Courtesies Stressed Greatly in This Sobering Opinion.      We knew that this next case would be interesting when it led off with this quote from Charles E. Clark’s article entitled History, Systems and Functions of Pleading, published at 11 Va. L. Rev. 517, 542 (1925): Procedure “is a means to an end, not an

Arbitration: Published And Unpublished Decisions Illustrate Deference Given To Arbitrator’s Final Awards Regarding Attorney’s Fees

Cases: Arbitration, Cases: Ethics

       August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney’s fees awards. Miller v. Lifestyles Senior Housing Managers, Case No. C059843 (3d Dist. Aug. 31, 2010) (Unpublished).      In the first one, plaintiff lost

Attorney’s Liens In Minor Compromise Cases And Attorney Withdrawal: First District, Division 1 Tackles Some Interesting Issues

Cases: Ethics, Cases: Liens for Attorney Fees, Cases: Minors

Finds Attorney’s Lien Dispute Can Be Resolved in Minor Compromise Case and Analyzes Permissive Withdrawal Circumstances That Will or Will Not Give Rise to Quantum Meruit Recovery.      Here is an unpublished decision that faced some gnarly issues regarding jurisdictional and quantum meruit recovery issues in an attorney’s lien situation where an attorney obtained a

In The News . . . . Lawyers Having Conflicts With Class Representatives Over Incentive Payments Denied Fees In Entirety in BAR/BRI Settlement

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

  Nonconflicted Attorneys Get Award of Fees; Conflicted Attorneys Do Receive Reimbursement of Over $1.2 Million in Expenses.      In our April 26, 2009 post, we reported on Rodriguez v. West Publishing Co., 563 F.3d 948 (9th Cir. 2009), where class representative incentive agreements creating conflicts of interests required reconsideration of fee awards to both

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