Brawerman

INTRODUCTION

We are asked to consider whether the trial court erred in confirming an arbitration award where the obligation to arbitrate arose from a provision in a law firm retainer agreement and one of the several law firm attorneys that rendered legal services pursuant to the retainer agreement did so in violation of California’s attorney licensing requirements. There was no error. Birbrower, Montalbano, Condon & Frank v. Superior Court (1998) 17 Cal.4th 119 (Birbrower) dictates that the unlicensed attorney’s illegal practice of law pursuant to the retainer agreement does not render the entire retainer agreement illegal. Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 30 (Moncharsh) holds that an arbitration provision is severable from an agreement that is not entirely illegal (unless the arbitration provision itself is illegal). There is no claim here of any illegality in the retainer agreement’s arbitration provision. Accordingly, we affirm.

BACKGROUND1

A. Brawerman Builds a Successful Business Plaintiff and appellant Mark Brawerman founded Turtle Mountain, Inc. (TMI), the other plaintiff and appellant, for the purposes of developing and marketing healthy alternative frozen…