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May 25, 2011

Fair v. Bakhtiari (2011) 195 Cal.App.4th 1135

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The First District holds that an attorney engaging in ongoing serious ethical violations is not entitled to quantum meruit fee recovery.

R. Thomas Fair began representing Karl E. Bakhtiari when he sought legal advice about real estate investments.  Fair and Bakhtiari went into business together and operated under an oral agreement.  For over a decade Fair and Bakhtiari formed partnerships where Fair performed legal services in exchange for substantial compensation and profit distributions. Fair never complied with California Rule of Professional Responsibility 3–300, which requires informed written consent, as well as a fair and reasonable transaction.

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