California Court of Appeal

Trial court's grant of a law firm's request for attorney fees from a former client pursuant to a prevailing party clause in a retainer agreement is reversed and remanded where: 1) because the relationship between a law firm and "of counsel" is close, personal, regular, and continuous, a law firm and "of counsel" constitute a single, de facto firm; and 2) thus, a law firm cannot recover attorney fees under a prevailing party clause when, as a successful litigant, it is represented by "of counsel."

Appellate Information

• Decided 10/10/2012
• Published 10/10/2012

Judges

• Mallano

Court

• California Court of Appeal

Counsel