Cases: Quantum Meruit

Construction: Plaintiff Awarded Quantum Meruit Recovery, But Suffering Defeat On 5 Out of 6 Other Claims, Was Not A Prevailing Party

Cases: Prevailing Party, Cases: Quantum Meruit

Fee Denial Affirmed by Fourth District, Division 2.      Cannan Construction v. Majewski, Case No. E048784 (4th Dist., Div. 2 Dec. 16, 2010) (unpublished) demonstrates that the trial court has substantial discretion in determining who is a “prevailing party” under fee shifting statutes.      In this one, plaintiff won quantum meruit recovery from defendant, but […]

Retainer Agreements: Quantum Meruit Award of $22,670.24 To Discharged Contingency Fee Attorney, After Offsets, Is Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Retainer Agreements

Fourth District, Division 2 Construes “Recovery” Fee Retainer Language Against Drafting Attorney.      The next decision demonstrates that practitioners need to be careful how they draft retainer agreements. Because the drafter is usually an attorney, any ambiguity will likely be construed in favor of the client. That is what occurred in the next case, involving

Retainer Agreements: Unhappy Lawyer Loses Potential $2 Million Contingency Fee Award Based On Noncompliance With Business and Professions Code Section 6147

Cases: POOF!, Cases: Quantum Meruit, Cases: Retainer Agreements

Fourth District, Division 3 Affirms Trial Court’s Quantum Meruit Award of $364,110 to Attorney Instead.      For attorneys entering into contingency fee arrangements with clients, it is essential to comply with Business and Professions Code section 6147, which requires that contingency fee agreements specify (1) the agreed-upon contingency fee rate, (2) the manner in which

Ellen Peck’s January 2009 Article In California Bar Journal Has Nice Tips For Recovering Fees in Contingency, Limited Partner, Executor, and Client Fee Sharing Representations

Cases: Ethics, Cases: Probate, Cases: Quantum Meruit, Cases: Referral Agreements, Cases: Retainer Agreements, CONTINUING LEGAL EDUCATION

  Ms. Peck Reviews Stroud, Shimko, Miller, and Strong Decisions.      Ellen R. Peck, a former State Bar Court judge and Encino solo practitioner, has written a fine article in the January 2009 edition of the California Bar Journal with astute tips of upfront, prophylactic actions that can be taken for successfully recovering fees in

QUANTUM MERUIT AWARD TO UNPAID ATTORNEY GOVERNED UNDER SIMILAR TEST USED IN AWARDING REASONABLE ATTORNEYS’ FEES

Cases: Quantum Meruit, Cases: Reasonableness of Fees

Fourth District, Division One Affirms Award of Fees to a Very Forbearing Attorney, Some Under a Quantum Meruit Theory of Recovery.             Farina v. Wedbush, Case No. D050926 (4th Dist., Div. 1 June 16, 2008) (unpublished) is must reading for those that think that the “no good deed goes unpunished” adage always

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