No Prevailing Party Fees For Work Done By “Of Counsel.”

May a law firm recover attorney fees under a prevailing party clause when the firm is a successful litigant represented by “of counsel?”  An appellate court held that “because the relationship between a law firm and ― “of counsel” is close, personal, regular, and continuous, we conclude that a law firm and ― “of counsel” constitute a single, de facto firm, and thus, a law firm cannot recover attorney fees under a prevailing party clause when, as a successful litigant, it is represented by ― “of counsel.” Sands & Assoc. v. Juknavorian  (Cal. App. Second Dist., Div. 1; October 10, 2012) (As. Mod., October 30, 2012) 209 Cal.App.4th 1269.