Mechanics Bank v. Methven CA1/5

I. FACTS AND PROCEDURAL HISTORY

Methven operates his own small law office in Berkeley. His practice includes various areas of civil law, including real estate, business, contracts, securities, trademarks and debt collections. Methven maintained a listing in the Nolo Press lawyer directory, which is accessible on the Internet. He had been contacted through the directory many times and had obtained clients from that resource. On May 29, 2009, Methven received an email from a Hong Kong email address referencing the Nolo directory and stating, “We Need A Litigation Lawyer For Collection.” Methven replied, “We definitely handle collections work,” and asked for more specifics. A “Liu Chan” emailed him back on May 30 stating that over $2.8 million in delinquent accounts in the United States were owed to “Motor Electric Manufacturing Company” and offering Methven a retainer fee of $25,000. Methven sent an email on June 4, in which he confirmed he could handle that type of work, and attached a proposed fee agreement. Liu Chan sent Methven an image of a signed fee agreement attached to an email that stated, “There is also an urgent payment request by a customer we had informed of using…