Bienert, Miller & Katzman v. Patwardhan CA4/3

INTRODUCTION

This is a one-issue appeal, dealing with the accrual of a cause of action for nonpayment of attorney fees based on a written retainer agreement. Appellant Vinod Patwardhan asserts that a separate cause of action accrues when each payment comes due – that is, upon receipt of each monthly bill for legal services – and the limitation period expires for each bill four years later. Respondent Bienert, Miller & Katzman, PLC (“Law Firm”) maintain that the cause of action does not accrue until an attorney ceases to provide legal services to the client; the limitations period expires four years after that event. After a court trial on stipulated facts and evidence, the trial court agreed with Law Firm and awarded it the full amount of the fees for which it sued. We affirm. Venerable but still valid case law holds that the limitation period for attorney fee collection does not begin until the attorney ceases to provide services on the matter for which he or she was hired or until the relationship terminates. As the trial court pointed out, appellant’s rule could potentially place the attorney in conflict with the client – having to sue the client during the representation. We…