This Case Shows How, Even On Appeal, Justices Will Try To Balance Equity On Fee Awards.
In Early Sullivan Wright Gizer & McRae v. Yakobi, Case No. B338762 et al. (2d Dist., Div. 8 Apr. 3, 2026) (unpublished), a client won a fee dispute against her former attorneys, with the lower court finding certain provisions in the engagement letter were unconscionable (because they gave more priority to the trust estate rather than the individual client involved) such that a quantum meruit recovery applied and with client owing nothing more to former attorneys. The lower court awarded contractual fees to the prevailing client to the tune of $47,300.80.
On appeal, most of the lower court’s award was affirmed, with one modification. The appellate court agreed that $5,272.50 should be excluded because it was attributable to dilatory conduct by the client for defaulting and failing to appear for a deposition. The remainder of the fee award was sustained on appeal after this fee deduction.