Cases: Retainer Agreements

Retainer Agreements: Whether Credit Card Processing Charges In California Can Be Passed On To Client Through Retainer Agreement Is An Open Question

Cases: Retainer Agreements

Most Prudent Course Is To Treat It As a Non-reimbursable “Overhead” Expense.             We commend practitioners to read Nicole Nuzzo’s article “The Credit Card Conundrum:  Passing Credit Card Processing Fees On To Client,” published in the December 2022 issue of Orange County Lawyer at pages 56-59.  In this article, she concludes it is an open […]

Deadlines, Retainer Agreements: Notwithstanding Whether Retainer Agreements Are Avoided, Quantum Meruit Statute Of Limitations Runs From Discharge

Cases: Deadlines, Cases: Retainer Agreements

Appellate Court Follows Fracasse.             The Law Firm of Kallis & Associates v. Padgett, Case No. H046063 (6th Dist. Nov. 21, 2022) (unpublished) confirmed that, notwithstanding when a fee agreement is voided by the client, an attorney’s quantum meruit claim generally runs from the time that the law firm was discharged by the client,

Equity, Retainer Agreements: Attorney Security Agreements For Fees Can Take Precedence Over Charging Orders

Cases: Equity, Cases: Retainer Agreements

Matter Remanded To Determine Scope Of Security Agreement.             We commend that all attorneys, with respect to collection of fees, read Rice v. Downs, Case No. B307780 (2d Dist., Div. 1 Dec. 27, 2021) (partially published) where the Court of Appeal, with some remand limited instructions, did seem to validate a security agreement/ UCC-1 filing

Arbitration, Retainer Agreements: $192,000 Arbitration Award To Ex-Attorney Affirmed On Appeal

Cases: Arbitration, Cases: Retainer Agreements

After MFAA Arbitration, Ex-Attorney Rightly Went To Contractual Arbitration; Argument That Block Billing Violates B&P Section 6148 Is Rejected Although Retainer Said Attorney Could Block Bill.             In Kling v. Horn, Case No. B305967 (2d Dist., Div. 7 Dec. 14, 2021) (unpublished), defendant ex-attorney, after engaging in a Mandatory Fee Arbitration Act (FAA) under which

Equity, Retainer Agreements: Voiding A Contingency Agreement Under Business & Professions Code Section 6147(b) Does Not Extend To Reasonable Litigation Costs

Cases: Equity, Cases: Retainer Agreements

Contingency Agreement Provided Client Would Pay For All Costs, With Quantum Meruit Equitable Principles Bolstering The Conclusion.             Henry M. Lee Law Corp. v. Chang, Case No. B288895 (2d Dist., Div. 3 Nov. 29, 2021) (unpublished) was quite an odyssey.  Law firm agreed to represent client in a wage/hour case under a 50% contingency agreement

Retainer Agreements: Termination Provision Applicable To Client Responsibility For Expenses And Fees Did Not Become Unenforceable After Client Terminated The Attorney

Cases: Retainer Agreements

Termination Provisions Set Fee Recovery With Reasonable Hourly Rates.             In David Allen, APLC v. Gentry, Case No. A160180 (1st Dist., Div. 5 Oct. 15, 2021) (unpublished), client terminated an attorney where the Retainer contained a provision stating, “I agree this Agreement may be terminated by either Attorney or me. In the event of termination,

Allocation, Landlord/Tenant, Retainer Agreements: $910,752.50 Fee Award Under San Francisco Rent Ordinance Fee-Shifting Clause Affirmed On Appeal

Cases: Allocation, Cases: Landlord/Tenant, Cases: Retainer Agreements

Trial Judge Did Reduce Requested Lodestar By More Than $70,000—About 60% Of The Request, Although Refusing To Award A Positive 1.5 Multiplier.             Landlords in Duncan v. Kihagi, Case No. A154678 (1st Dist., Div. 1 Oct. 6, 2021) (unpublished), were not pleased when a trial judge awarded $910,752.50 in fees in favor of the winning

Retainer Agreements, SLAPP: Self-Represented Plaintiff’s Attempt To Obtain A Refund Of A $1,500 Retainer Fee Evolved Into Two Adverse Costs Awards Totaling $2,111.40 And A $15,600 Adverse Attorney Fees Award

Cases: Retainer Agreements, Cases: SLAPP

Plaintiff’s Initial Non-Binding Arbitration Win Of $1,325 Was Vacated In Superior Court, So Plaintiff Hired A Paralegal Years Later To Help Draft A Complaint That Ultimately Invited A Motion To Strike.             Corey v. Mudgett, Case No. D077532 (4th Dist., Div. 1 June 22, 2021) (unpublished) does not directly involve the appeal of an attorney

Fee Clause Interpretation, Retainer Agreements, Section 1717: Postjudgment Order Awarding Attorney $1,232,735 In § 1717 Fees And Costs Incurred Defending Against Former Client’s Tort And Contractual Claims And Cross-Claim For Unpaid Fees Affirmed

Cases: Fee Clause Interpretation, Cases: Retainer Agreements, Cases: Section 1717

Retainer Agreement’s Broadly-Worded Fee Provision Allowed For Recovery Of Fees For Attorney’s Defense Of All Claims By Former Client, Including Tort Claims – The Defense Of Which Were Necessary To Defeat The Contractual Claim.             In Singh v. Molnar, Case No. B303366 (2d Dist., Div. 7 April 30, 2021) (unpublished), defendant attorney was awarded $1,232,735

Retainer Agreements: If Your Retainer Provides For A Deed Of Trust, Make Sure It Is B&P Section 6148 Compliant

Cases: Retainer Agreements

Contractual Breach/Quantum Meruit Claims Did Not Succeed On Behalf Of Noncompliant Attorney Seeking Deed Of Trust Recovery.             In Bishop v. Middleton, Case No. B299145 (2d Dist., Div. 5 Apr. 20, 2021) (unpublished), attorney sought to recover attorney’s fees under breach of contract and quantum meruit theories against a client on the theory that a

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