Loeb

Loeb v. Record

Good Law
162 Cal. App. 4th 431·2008 Cal. App. LEXIS 611·75 Cal. Rptr. 3d 551
Court of Appeal of CaliforniaApril 24, 2008F052173California7,094 words

Opinion

Opinion

Dawson, J.

This appeal concerns a dispute between a law firm and its client over the law firm’s right to be paid for professional services for handling the client’s personal injury lawsuit. The personal injury lawsuit was resolved when (1) a judgment was entered under the client’s offer to compromise pursuant to Code of Civil Procedure section 998 for $100,000 (policy limits) and (2) the defendant’s insurance company satisfied the judgment by depositing the funds with the superior court.

The parties arbitrated their fee dispute through the California State Bar in accordance with California’s Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq. The arbitrator awarded the law firm a one-third contingency fee and costs.

The client objected to the arbitration award by filing a motion in opposition to the law firm’s lien for attorney fees in the personal injury lawsuit. The law firm filed a motion requesting that the superior court disburse part of the settlement proceeds to the law firm to satisfy the arbitration award. The superior court denied the client’s motion, granted the law firm’s motion, and ordered the clerk to disburse $35,028.82 of the…

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