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 In Bishop v. Middleton, Case No. B299145 (2d Dist., Div. 5 Apr. 20, 2021) (unpublished), attorney sought to recover attorney’s fees under breach of contract and quantum meruit theories against a client on the theory that a […]
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
No Direct Authority On Point, But Reasoning From One Decision Drove The Conclusion. Lee v. Newman, Case No. E073745 (4th Dist., Div. 2 Mar. 4, 2021) (unpublished), a messy attorney-client retainer agreement/conversion dispute, is noteworthy for one issue which we found to be of interest. There, a client argued that an attorney’s contingency agreement
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
Third District Applied Analogous Reasoning From Flannery Decision. Many times, “ownership” of an attorney’s fees award can be critical—does it belong to the attorney or the client, especially after disputes fester? The Third District in Aerotek, Inc. v. Johnson Group Staffing Co., Inc., Case No. C078435 (3d Dist. Sept. 15, 2020) (published) decided where
Pursuant To Statutory Rules Of Contract Interpretation, Contracts Should Be Construed As A Whole So As To Interpret The Mutual Intention Of The Parties. In Lerner & Veit v. Power, Case No. A158322 (1st Dist., Div. 5 August 31, 2020) (unpublished), plaintiff law firm and defendant client entered into a written retainer agreement wherein
Reason Was That Matter Should Have Been Brought As Limited Civil Case Rather Than An Unlimited One. Code of Civil Procedure section 1033 grants a trial court discretion to deny, in whole or in part, a plaintiff’s recovery of litigation costs, including attorney’s fees, where the plaintiff brought the action as an unlimited
The Language In The Contingency Agreement, Sustained On Appeal, Offers Some Drafting Tips To Attorneys In Fashioning Their Retainer Agreements. Some drafting tips for retainer agreements are presented through the result affirmed in Meagher v. Robinson Bradford LP, Case No. C087478 (3d Dist. Apr. 21, 2020) (unpublished), where attorneys fought back several challenges to
Balance Of Unpaid Fees And Costs Were $31,147.17 When Former Client Stopped Making Agreed-Upon Monthly Installment Payments Of $200. In Delisi v. Wagner, Case Nos. D074728 and D075506 (4th Dist., Div. 1 January 27, 2020) (unpublished), an attorney sued his former client for unpaid fees and costs when Former Client stopped making monthly
Arbitration Was Properly Ordered Because The Claims Between Client And The Two Law Firms Arose Out Of The Underlying Retainer And Arbitration Agreements Client Signed With The First Law Firm. Client retained a law firm to represent her in an ongoing dissolution action – signing a Retainer Agreement and a binding Arbitration Agreement. During
