Cases: Retainer Agreements

Retainer Agreements/Special Fee Shifting Statutes: Fee Agreement Directing Payment To Attorneys Given Deference In Civil Asset Forfeiture Reform Act Case

Cases: Retainer Agreements, Cases: Special Fee Shifting Statutes

  Retainer Agreement Trumped Everything.      USA v. $186,416.00 in U.S. Currency, Case No. 07-56549 (9th Cir. July 17, 2013) (for publication) shows that fee agreements directing payment of fees to attorneys from a collective perspective can and do make a difference.      In this one, a suspended California corporation had assigned collection of fees […]

Liens For Attorneys Fee/Retainer Agreement: Triable Issue Of Fact Required Reversal of Summary Judgment Where Evidence Demonstrated Existence Of Retainer Agreement Should Be Decided By Trier Of Fact

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

  If Second Retainer Agreement Signed By Client, Attorneys Lien Did Exist.      Majlessi v. Parman, Case No. B241063 (2d Dist., Div. 3 July 12, 2013) (unpublished) is a case where the lower court granted summary judgment across the board when a discharged personal injury attorney sued successor attorneys to honor an attorneys’ lien in

Appealability/Retainer Agreements: Longstanding Client-Attorney Dispute On Appeal Dismissed When Superior Court Orders New Arbitration Rehearing

Cases: Appealability, Cases: Retainer Agreements

  Also, Clues Offered on Unlawful Retainer Agreement Arbitration Clauses.      Weissman Wolff et al. v. Singh, Case No. B240550 (2d Dist., Div. 7 May 28, 2013) (unpublished) is a longstanding–if not long running–dispute between an ex-client and ex-attorneys. It teaches two lessons:      1. One, from an earlier appeal, is that a retainer agreement

Deadlines/Retainer Agreements: Attorney’s Amendment According To Proof On Fourth Day Of Trial Is Abuse Of Discretion When Based On Much Different Fee Exposure And Different Fee Retainer Provision

Cases: Deadlines, Cases: Retainer Agreements

  Delay and Prejudice Were Key Factors to Reversal of the Amendment Grant.      California litigation practitioners know that pleading amendments are generally liberally granted, although that liberality gets tightened when the requests are made closer to or during trial. The next case is one where an amendment grant four days into a jury trial

Retainer Agreements: Client Losing Fees Of $18,000 To Attorney On Cross-Complaint Lost Arbitration And Billing Statement Challenges

Cases: Retainer Agreements

       In Gao v. Lin, Case No. B236041 (2d Dist., Div. 4 Oct. 19, 2012) (unpublished), client lost his malpractice action, but attorney recovered $18,000 on his cross-complaint for unpaid fees, even though the trial court reduced the requested $23,562 based on duplicative work and inefficiencies.      Client’s challenges to the fees award were

Retainer Agreement: Unclear Retention Agreement Resulted In Affirmance Of $13,333 Disgorgement Damages Award and Additional Fee/Costs Award Of $21,102 In Favor Of Criminal Defendant

Cases: Retainer Agreements

  Post-Execution Intent Evidence Deemed Irrelevant.      The next decision, Martinez v. Contreras, Case No. B231471 (2d Dist., Div. 4 Aug. 23, 2012) (unpublished), is a sobering reminder for all practitioners–not just criminal practitioners–of clearly defining the scope of services and payment arrangements at each step of the way. Criminal defense attorneys, we are sure,

Attorney Lien/Retainer Agreements: Successor Counsel Not Knowing Of Prior Counsel’s Attorney Lien Did Not Have To Modify Retainer Agreement In Order To Comply With Business And Professions Code Section 6147

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

  Also, Prior Counsel Entitled to Receive $25,000 Holdback Based on His Attorney’s Lien.      Henry Shain Professional Corp. v. Bergeron, Case No. A131328 (1st Dist., Div. 5 Mar. 20, 2012) (unpublished) is an interesting case illustrating how two attorneys–prior and successor counsels–did things right as far as perfecting attorney’s liens or drafting retainer agreement

Arbitration/Costs/Res Judicata/Retention Agreements: Fee Award Against Losing Party In Arbitration Not Binding On Attorney-Client In Subsequent Quantum Meruit Lawsuit

Cases: Arbitration, Cases: Quantum Meruit, Cases: Retainer Agreements

  However, Attorney Did Prevail in Lawsuit, So Costs Should Have Been Awarded.      Attorney sued a former client in a dispute over attorney’s fees for services provided in an arbitration. Attorney, who replaced another attorney in an owner-contractor construction defect dispute, did win a $1,034,297, plus $40,125 attorney’s fees, award from an arbitrator, although

Probate/Reasonableness Of Fees: 40% Contingency For Successful Settlement For Disabled Worker Sustained By Appellate Court

Cases: Probate, Cases: Reasonableness of Fees, Cases: Retainer Agreements

  Intermediate Court Actually Reverses Trial Court Cut in Fee Award to Attorney, Citing Excellent Result and Extraordinary Work of Attorney.      Here is one that we do not see that often.      At the lower court level, an attorney had a 40% contingency fee agreement to represent a disabled, mentally incompetent worker who suffered

Retainer Agreements: Law Firm Did Not Have To File Court Action To Compel Arbitration After Demanding Contractual Arbitration Under Retainer Before Client Had Formally Refused To Arbitrate, Following Nonbinding MFAA Award In Favor Of Client

Cases: Retainer Agreements

  Retainer Contractual Arbitration Remedy Enforced By Appellate Court.      Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson (2d Dist., Div. 5 Feb. 15, 2012) (certified for publication) involved a retainer agreement between a law firm and client providing for binding arbitration of fee disputes. Within 30 days of a nonbinding arbitration award under

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