Retainer Agreement: Invalidity Of Attorney Lien Provision Does Not Invalidate Attempts To Recover For Breach Of Retainer Agreement Or Recover Fees Under Contractual Fees Clause

 

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     In Pierson v. Burlison, Case No. B244908 (2d Dist., Div. 4 Jan. 22, 2014) (unpublished), the appellate court decided two things of interest in the retainer agreement/fee areas: (1) an invalid attorney’s lien provision did not render the entire retainer agreement void; fees could be collected for services under the retainer, including contingency fees; and (2) an invalid attorney’s lien provision did not eviscerate a contractual fees clause as far as fee entitlement, even though the post-judgment fee order was not appealed so the discussion on this was an alternative ground for sustaining what happened in awarding fees to a prevailing party under the retainer agreement.

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