Tips Are Broad in Nature, But Also Guide California Practice. We can tell you that Randy Evans and Shari Klevens of McKenna Long have provided some guidance to U.S. lawyers seeking to enforce fee retainer arbitration provisions in their recent Daily Report article entitled “Arbitration Provisions in Fee Agreements.” Here are the […]
Arbitration Fee Clause Broad Enough to Encompass Torts, and Trope Waiver Clause Enforced For Judicial Confirmation Recovery Fees By Law Firm Personnel. This next 2-1 decision, Quinn Emanuel Urquhart & Sullivan v. Kurtin, Case No. B250245 (2d Dist., Div. 5 Jul. 28, 2014) (unpublished), is an interesting one involving affirmance of an arbitration
Extraordinary Circumstances Justified Noncompliance With Deadlines, And Client/Attorney Agreement On How To Divide Statutory Fee Awards Did Not Violate Any Ethical Prohibitions. Blythe v. County of Riverside, Case No. E055186 (4th Dist., Div. 2 July 16, 2014) (unpublished) is a wild FEHA fee/costs award case encompassing deadline, standing, and retainer agreement divisions of
Gerald Knapton Provides Some Insights In Recent July 2014 California Lawyer. For anyone following our blog, you know about the Trope v. Katz, 11 Cal.4th 274, 292 (1995) prohibition which bans in pro per lawyers (subject to jurisprudence on lawyers truly involved with in pro per representation versus those truly advocating their independent interests in
No Written Retainer Agreement, With Quantum Meruit Jury Verdict Overturned And Reduced To $1.8 Million Plus Some Other Deductions. This is a doozy of a case involving well known Los Angeles attorney Hillel Chodos, who happened to not have had a written hourly or contingency retainer agreement with an ex-client, a wife involved
Client’s Fee/Costs Recovery of $688,634 Goes POOF! For Now. In Fleischman v. Law Office of Paul Stanton, Case No. B216898 (2d Dist., Div. 8 June 12, 2014) (unpublished), which involved nasty conservatorship/elder abuse claims among trust beneficiaries with respect to a deceased trustee, client was able to invalidate a retainer agreement which placed
Failure to Appeal Fee Order Was Dispositive, But Invalidity Ruling Was Back Up Reason Fee Recovery Was Allowable Anyway. In Pierson v. Burlison, Case No. B244908 (2d Dist., Div. 4 Jan. 22, 2014) (unpublished), the appellate court decided two things of interest in the retainer agreement/fee areas: (1) an invalid attorney’s lien
Appellate Court Also Reversed and Remanded Fee Award Against Attorney in Light of Disgorgement Reversal. This next case, Fleischman v. Stanton, Case No. B216898 (2d Dist., Div. 8 Nov. 19, 2013) (unpublished), is a wild one involving an ex-attorney whose retainer agreement was voided as well as having the trial judge ordering him
Fee Dispute Involving General Chuck Yeager Did Not Go His Way, Although Winning Attorney Did Not Get All Collection Fees Either. Pavone v. Yeager, Case No. Do59578 (4th Dist., Div. 1 Nov. 18, 2013) (unpublished) is a fee dispute involving a former attorney and ex-client General Charles E. (Chuck) Yeager, whose wife Victoria
Because Contingency Related to Work for Beneficiaries Apart from Estate Benefits, No Compliance Necessary With Probate Code Court Approval Requirements. Okay, readers, here is an interesting cross-over case involving probate, retainer agreements, and contingency awards. The case is Sare v. Shad, Case No. C069573 (3d Dist. July 31, 2013) (unpublished). In this
