Gordon & Rees v. Lopez CA1/5

I. BACKGROUND

A. Gordon & Rees’s Representation of Lopez In September 2006, Gordon & Rees and Lopez entered into a written “Engagement Agreement” retaining the firm to provide advice on partnership matters relative to an art gallery, as well as other legal services that Lopez might request in future. The Engagement Agreement provided, “Fees and expenses will be billed monthly and are due upon receipt,” and included an arbitration provision. 1 Because we reverse the summary adjudication order as against Lopez, we need not address his other claims of error.

1 Gordon & Rees partner Andrew D. Castricone represented Lopez in a business dispute involving the gallery. (Campbell v. Lopez (Super. Ct. S.F. City and County, 2008, No. CGC-07-463284 (Campbell).)2 The case was scheduled for trial on January 22, 2008. In December 2007, Castricone sent Lopez a detailed report discussing the status of the litigation, analyzing Lopez’s likelihood of success, projecting costs in the range of $235,000–260,000 if the case went to trial, and recommending pretrial resolution. The case settled on January 18, 2008. Among other terms, Lopez received a $50,000 cash payment and transfer of…