A CIVILITY PROBLEM CAN IMPACT AN ATTORNEY’S FEES MOTION Karton v. Ari Design (2021) 61 Cal.App.5th 734 holds that a trial court can consider a prevailing party’s incivility in ruling on a motion for attorney’s fees. (Id. at p. 738.) In that matter, Karton, an attorney, and his wife had a dispute with a remodeling contractor over whether the contractor owed them $35,096, as the couple contended, or $13,000, as the contractor claimed. The Kartons…
SUING CLIENTS FOR FEES PURSUANT TO WRITTEN AGREEMENTS Suing a former client for unpaid fees is an unfortunate but occasionally necessary part of the practice of law. Pech v. Morgan (2021) 61 Cal.App.5th 841 clarifies the standard for such suits when a valid and enforceable fee agreement exists as contrasted when the attorney’s services have been performed pursuant to an oral understanding. Pech observes that the existing legal standard in Bus. and Prof. Code sec. 6148 for collecting unpaid legal fees applies…