Fergus

It all started over a quarter of a century ago with a chunk of concrete hurled at Joseph A. Songer (respondent) by Lawrence Bordan, owner of the Pismo Beach Hotel. As a result of this assault, Songer obtained a money judgment against Bordan. Collection was another matter. If there were a gold medal for “judgment avoidance,” it would go to Bordan. He delayed collection for over 20 years. Through the extraordinary efforts of his attorney, Clark Fergus (Fergus), respondent eventually became the owner of the hotel and reaped millions of dollars of profits. However, he refused to pay Fergus and he refused to honor an agreement with Fergus’s wife (wife). She had agreed to borrow money against her house to refurbish and run the hotel. Given Bordan’s penchant for litigation, this was an extremely risky decision.

Now we are presented with issues relating to attorney’s fees and breach of a partnership agreement. Unfortunately, we infuse new life into this legal saga. We have no choice unless we are to hold that a nonattomey spouse is bound by the Business and Professions Code and the Rules of Professional Conduct for attorneys. Nonattomey wives and husbands of attorneys retain…