Posted on February 6, 2017 by Julie Brook, Esq.
It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: attorney fee award, attorneys fees, Civil Code 1717, contract provision, contractual attorney fees, reciprocal attorney fees | Leave a comment »
Posted on April 8, 2015 by Julie Brook, Esq.
Common scenario: You do some work for a client and then pass off the client to another attorney, agreeing to split the attorney fees. Later you want to get your share of the fees. The Rules of Professional Conduct require that you get the client’s written consent to any fee-splitting agreement. Did you get the client’s consent right away, or are you now at the mercy of the other attorney? Continue reading
Filed under: Legal Ethics, Practice of Law | Tagged: attorney fees, attorneys fees, fee agreements, fee disputes, fee splitting, legal ethics, referral fees, Rules of Professional Conduct | 7 Comments »