Second Attorney’s SLAPP Grant Reversed Because Conduct Arose Out of Fee Dispute Over Value of Services, Not Protected Activities.
Law Offices of Jacob Emrani v. Mininsohn, Case No. G047476 (4th Dist., Div. 3 Sept. 30, 2013) (unpublished; author: Justice Aronson) is a case where a second attorney obtained a SLAPP grant against a first attorney claiming that first attorney wrongfully cut him out of fees after a settlement was had for the client.
Second attorney argued that the overall litigation involving the client, assertion of an attorney’s lien, and petition to confirm an arbitration meant that his conduct was protected in nature.
The appellate court said “no” and reversed. Reason? The real basis of the action was a fee dispute between two attorneys regarding the amount of fees for successive representation of the same client. The underlying personal injury action, attorney lien dispute, and even a petition to confirm an arbitration award were only background facts, but not protected activity in the context of the fee dispute.