Grossman

Grossman v. Davis

Good Law
1994 Cal. App. LEXIS 1042·28 Cal. App. 4th 1833·34 Cal. Rptr. 2d 355·94 Daily Journal DAR 14462·94 Cal. Daily Op. Serv. 7873
Court of Appeal of CaliforniaOctober 12, 1994A064622California1,311 words

Opinion

Opinion

Poche, J.

A celebrated decision by Division Five of this court construed the Uniform Partnership Act (Corp. Code, § 15001 et seq.) as requiring that income generated by the winding up of a dissolved law firm’s unfinished business is—absent a contrary agreement—to be allocated to the former partners according to their respective interests in the defunct partnership. (Jewel v. Boxer (1984) 156 Cal.App.3d 171, 174, 176 [ 203 Cal.Rptr. 13 ].) This principle governs regardless of: (1) which former partner provides the postdissolution services in a given case even if a substitution of counsel and new compensation agreement are executed (id. at pp. 174, 178); (2) whether the dissolved firm was organized as a partnership or a professional corporation (Fox v. Abrams (1985) 163 Cal.App.3d 610, 614-617 [ 210 Cal.Rptr. 260 ]); or (3) the nature of the compensation agreement with the client (Rothman v. Dolin (1993) 20 Cal.App.4th 755, 757-759 [ 24 Cal.Rptr.2d 571 ]).

The question presented is the application of this principle to these undisputed facts: Attorney Alan Grossman agreed to represent a Mr. Janes in a personal injury action. After filing suit (Janes v. Antioch Building Materials…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.