Solo forced out of lawsuit can sue for conversion
A solo practitioner who was allegedly forced out of a personal injury lawsuit could sue for conversion once the matter was settled, the California Court of Appeal has ruled in reversing judgment. The...
View ArticleContingent fee reduced
A law firm could be required to refund a portion of a contingent fee that was deemed “unreasonable” based on events that occurred after the client executed her retainer agreement, the Colorado Court of...
View ArticleLaw firm can’t enforce forum selection clause
A law firm could not enforce a forum selection in its retainer agreement with a client, a U.S. District Court in West Virginia has ruled in denying a motion to dismiss. The law firm is a California...
View ArticleAttorney can’t charge ‘engagement’ fee
An attorney violated state disciplinary rules by charging new clients a nonrefundable “engagement” fee, the Indiana Supreme Court has ruled in ordering a public reprimand. This disciplinary proceeding...
View Article‘Open-ended’ retainer doesn’t trigger disqualification
A law firm wasn’t subject to automatic disqualification in a land development lawsuit based on a past “open-ended” retainer agreement with an opposing party, the California Court of Appeal has ruled in...
View ArticleRetainer held by law firm can be garnished
State law allows the garnishment of the unearned portion of a retainer held by a law firm, the Colorado Court of Appeals has ruled in affirming judgment. The firm represented a wife in a post-divorce...
View ArticleAttorney can’t enforce arbitration clause
An attorney could not enforce an arbitration clause in his retainer agreement when a former client sued him for malpractice, the Louisiana Supreme Court has ruled in affirming judgment. The plaintiff...
View ArticleStates continue to address ethics rules governing credit card use
In today’s world, it seems like every merchant takes credit cards. Even most mom-and-pop fast food restaurants have abandoned a “cash only” policy. As in so many other areas, however, things are not...
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