Download Publication The Second District holds that under basic contract principles, a referring attorney’s breach of his agreement to pay the source of his referrals was a breach of the fee sharing agreeing and disallowed recovery. In addition, neither the referring nor the accepting attorney could enforce a fee sharing contract that did not comply […]
Download Publication The Second District holds that termination payment provisions in partnership agreements are not fee divisions subject to the Rules of Professional Conduct. When Anderson, McPharlin & Connors (AMC) admitted Steven R. Yee into the partnership he agreed to pay damages if he left the firm with open files according to a formula set […]
Download Publication The Second District holds that a fee-splitting agreement between lawyers does not require the client’s written consent prior actual division offices. Attorney Lyle Mink brought suit against attorney Dan Maccabee to recover attorney’s fees pursuant to a retainer agreement, and Maccabee cross-complained for an attorney referral fee in a separate matter. The trial […]
Download Publication The Supreme Court holds that fee division arrangements between counsel that do not comport with the ethical requirement of written client consent cannot be enforced. Philip Kay had an office sharing arrangement with Arthur Chambers, utilizing a conference room and other services. When Kay began representing Rena Weeks in a sexual harassment lawsuit […]
