Beard
Beard v. Goodrich
Opinion
Opinion
Stein, J.
Attorney Terrance A. Beard appeals from a judgment resolving an attorney fee issue between Beard and his former client, Gary Goodrich.
We affirm.
BACKGROUND
On December 31, 1997, Goodrich, doing business as Antioch Alloy and Pacific Rims, Inc., was sued by his lessor, Michael H. Clement Corporation (Clement), who claimed that Goodrich had been discharging toxic waste materials on the leased premises. Clement sought damages of $1,024,333.65. Goodrich apparently took the position that Clement’s suit lacked merit, had been instituted in retaliation for Goodrich’s refusal to do business with Clement and was simply the last of a number of acts of harassment and retaliation. Goodrich hired Beard to defend him from Clement’s suit and to file a cross-complaint on his behalf against Clement. As relevant here, Goodrich and Beard agreed that Goodrich would pay Beard a retainer of $20,000, an amount that later was increased to $40,000. The remainder of their fee agreement was stated in the following language:
“Contingency Fee: Client agrees to pay Attorney a contingency fee of 40 percent of the total net recovery obtained by Client, less that portion of the retainer actually paid…