In Gao v. Lin, Case No. B236041 (2d Dist., Div. 4 Oct. 19, 2012) (unpublished), client lost his malpractice action, but attorney recovered $18,000 on his cross-complaint for unpaid fees, even though the trial court reduced the requested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 not found persuasive on appeal.
Although the retainer agreement did have an arbitration clause, arbitration was waived because client litigated in a judicial forum and never even mentioned arbitration until after he lost in court. As for a challenge to the sufficiency of the billing statements, the lower court did reduce the request for some items and certainly had an exhibit before him detailing the work.