Rader

For the reasons more fully stated in my dissenting opinion in Bradner v. Vasquez (1954) 43 Cal.2d 147, 154-156 [ 272 P.2d 11 ], it is my view that the presumption set forth in section 2235 of the Civil Code should be applied as between attorney and client only where it is at the least inferable from the circumstances that the attorney obtained an “advantage” over the client as distinguished from the normal benefits of a fair transaction.

In the case now at bench the trial court found, as related in the majority opinion, that the contingent fee agreement between plaintiff-attorney and defendant-client “was executed by defendant of his own free will and volition and not as a result of any duress or undue influence by plaintiff, nor did defendant repose trust and confidence in plaintiff when said agreement was made.” The trial court further declared, in its memorandum of decision, that “The defendant, in the Court’s view, is a positive, able, fearless person, with more than usual business experience. He is accustomed to leadership. He has had a number of experiences in retaining counsel. He is, no doubt, analytical in determining the needs of a particular situation. . . .

11 The…

Plaintiff, an attorney at law, brought this action for declaratory relief to determine the validity of a contingent fee employment agreement made with defendant during the existence of an attorney-client relationship. The trial court found that the “agreement was executed by defendant of his own free will and volition and not as a result of any duress or undue influence by plaintiff, nor did defendant repose trust and confidence in plaintiff when said agreement was made.” Judgment was rendered declaring the agreement to be “valid, binding and subsisting.” Defendant appeals.

Defendant was president of a lumber corporation. Beginning in 1954 plaintiff acted as its attorney, working on a time basis plus a monthly retainer. In 1955 defendant wished to acquire certain timberlands and he asked plaintiff to prepare an option agreement for such purchase. Charge for these services was made on the hourly basis then prevailing with the corporation.

Defendant exercised the option but there were some clouds on the title and the closing of the escrow was delayed pending settlement of the dispute. Plaintiff, as defendant’s attorney, made demand on the sellers that they comply with their…