Wienholz

Deborah M. Wienholz, an incompetent person, by and through her conservator, Barbara Wienholz, (collectively appellant) appeals from a superior court order granting $434,149 in attorney fees to the law firm that settled her medical malpractice action against Kaiser Foundation Hospitals. Appellant contends the fee award should not have exceeded $288,458, which was the maximum compensation permitted under the contingency fee limitations set out in the 1975 version of section 6146 of the Business and Professions Code which was in effect at the time she entered into a contingency fee agreement for legal representation. The law firm of Hoberg, Finger, Brown, Cox & Molligan (respondent) argues the trial court had discretion to adjust the amount of attorney fees to reflect a 1987 amendment to section 6146 which increased the maximum contingency fee in medical malpractice lawsuits resulting in recoveries greater than $200,000. The primary question presented by this appeal is whether the 1987 amendment to section 6146 should set the maximum fee in a case, such as this one, where a contingency fee agreement for legal representation was entered into before the effective date of the…