Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]
Attorney Fees Incurred By Law Firm, Redux.
Lawyers sued client for fees. Client cross-complained. Lawyers brought anti-SLAPP motion to strike cross-complaint. (Code of Civil Procedure section 425.16.) The trial court granted the motion to strike and awarded attorney fees to the lawyers. The appellate court, relying on case law holding attorneys may not recover fees for self-representation, reversed the award of fees […]
“Don’t Worry, You Don’t Have To Pay My Attorney Fees Unless We Win.” Expected Response? …Thank You; …That’s A Relief; …That’s Kind Of You. Yeah Right.
In a FEHA [Government Code section 12900, et seq.; Fair Employment and Housing Act] employment discrimination action, a law firm advanced all costs and agreed to charge no attorney fees unless the outcome was successful. A jury awarded her $266,347 in damages, and the trial court awarded $623,908.12 in attorney fees and $26,932.84 for costs. […]
Final Award Does Not Mean Revised Final Award.
In an underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by one of the parties. The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” The trial court confirmed the Revised Final Award. In reversing, the […]
Award Of Attorney Fees Against Law Firm Reversed.
A law firm unsuccessfully represented a man injured in an explosion in an action against a City. After the superior court granted summary judgment to the City, it awarded the City $102,296.20 for its attorney fees and costs against both the man and the attorneys who represented him. Code of Civil Procedure section 1038 provides public […]
Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.
A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]
Attorney Stiffed For Contingent Fees Must Sue The Client, Not The Second Attorney For Breach Of Contract, But May Bring Both Client And Second Lawyer Into A Declaratory Relief Action To Set The Reasonable Value Of Services.
Plaintiff was the first lawyer to represent two clients in a personal injury case. Defendant was the second lawyer. Defendant obtained a settlement payment for the clients which he deposited in his client trust fund account. Plaintiff demanded payment of attorney fees from defendant; when he was unsuccessful, he sued defendant on the theory he […]
Sanctions Against Lawyer Reversed.
Plaintiff sued the State of California for dangerous condition of public property. Discovery disclosed the State did not own, control or maintain the property, and the State warned the plaintiff’s lawyer that it would seek sanctions pursuant to Code of Civil Procedure section 1038, if the complaint was not dismissed, which provides for mandatory defense […]
Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Jury Awarded Lawyer $5,000/Hour For Attorney Fees.
An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660, [557 P.2d 106, 134 Cal.Rptr. 815]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]
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