Philips

FACTS AND PROCEDURAL BACKGROUND

Defendant, an attorney, retained plaintiff to represent him in a lawsuit against Cantamar Community Association (Cantamar), defendant’s homeowners association. The retainer agreement provided plaintiff would be entitled to “ninety-five percent (95%)” of any court-ordered attorney fee award, plus costs, and granted plaintiff “a lien on . . . all claims.” Defendant prevailed at trial in the Cantamar action and the court awarded him a gross attorney fee award of $49,000. However, the court reduced the amount Cantamar owed to defendant by $12,800, citing Cantamar’s success in striking defendant’s cross-complaint. Cantamar was directed to deposit the balance, i.e., $36,200, with the court and it eventually did so. Plaintiff requested defendant pay him 95 percent of the $49,000 gross attorney fee award, plus unreimbursed costs. Defendant failed to do so. After defendant also failed to respond to a proposal for arbitration of the fee dispute, plaintiff filed this action. While the case was pending, plaintiff sought release of the $36,200 deposited by Cantamar. Defendant opposed the motion and the court denied plaintiff’s request. After a four-day trial,…