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E062781 (4th Dist., Div. More specifically, the issue became whether a lien agreement constituted an adverse interest, thereby triggering Rule 3-300 of the California Rules of Professional Conduct. A signed written retainer agreement is a good thing to have for both parties. Avoiding the Voidable: Ensuring Contingency Fees and Fee-Sharing Fee Splitting With Other Attorneys If you already have a judgment. Rule 3-300 sets forth certain requirements that an attorney satisfy before entering into any transaction where the attorney obtains and adverse interest to the client. Client Engagement Letters: The Basics: Pullman & Comley Also, if you think there is a chance your retainer agreement grants you an adverse interest, make the necessary disclosures it is better to be safe than sorry. Date: & Prof. Code, Sec. Co-contributor Marc also has posted on this decision in his, First of all, there was extensive parol evidence demonstrating an understanding that recovery was to encompass only cash in hand. Beyond that, however, the Court of Appeal stressed that retainer agreement ambiguities are construed against the attorney (, Cases: Private Attorney General (CCP 1021.5), Cases: Substantiation of Reasonableness of Fees, Retainer Agreements: Whether Credit Card Processing Charges In California Can Be Passed On To Client Through Retainer Agreement Is An Open Question, Deadlines, Retainer Agreements: Notwithstanding Whether Retainer Agreements Are Avoided, Quantum Meruit Statute Of Limitations Runs From Discharge, Equity, Retainer Agreements: Attorney Security Agreements For Fees Can Take Precedence Over Charging Orders, Arbitration, Retainer Agreements: $192,000 Arbitration Award To Ex-Attorney Affirmed On Appeal, Equity, Retainer Agreements: Voiding A Contingency Agreement Under Business & Professions Code Section 6147(b) Does Not Extend To Reasonable Litigation Costs, Retainer Agreements: Termination Provision Applicable To Client Responsibility For Expenses And Fees Did Not Become Unenforceable After Client Terminated The Attorney, Allocation, Landlord/Tenant, Retainer Agreements: $910,752.50 Fee Award Under San Francisco Rent Ordinance Fee-Shifting Clause Affirmed On Appeal, Retainer Agreements, SLAPP: Self-Represented Plaintiffs Attempt To Obtain A Refund Of A $1,500 Retainer Fee Evolved Into Two Adverse Costs Awards Totaling $2,111.40 And A $15,600 Adverse Attorney Fees Award, Fee Clause Interpretation, Retainer Agreements, Section 1717: Postjudgment Order Awarding Attorney $1,232,735 In 1717 Fees And Costs Incurred Defending Against Former Clients Tort And Contractual Claims And Cross-Claim For Unpaid Fees Affirmed, Retainer Agreements: If Your Retainer Provides For A Deed Of Trust, Make Sure It Is B&P Section 6148 Compliant, Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. , &#}`sW!G:Kr2GT4Br50CDPt *{P #u}I%j0'YIWg74Zfkni5>#L.tOUi,I'X;5?IM&a /}aH{iI* ~@E;H(rrK%h[WEzizjM$vC HA>~$~a: Ka:SSxpjtl5gg+G,0Gzw>0Ay