Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.

When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment to the insurer. The Court of Appeal affirmed. The insureds did not sustain damages because they did not “incur” any attorney fees. Richards v. Sequoia Insurance Co. (Cal. App. First Dist., Div. 3; May 10, 2011) 195 Cal.App.4th 431, [124 Cal.Rptr.3d 637].

Also see, Carpenter & Zuckerman v. Cohen (Cal. App. Second Dist., Div. 5; May 10, 2011)  195 Cal.App.4th 373, [124 Cal.Rptr.3d 598, 2011 DJDAR 6665]. Where law firm used one of its associates to represent it in litigation, it was not entitled to attorney fees.