Noell

BACKGROUND

In July 2016, the parties executed the Agreement, which concerned legal representation in a Ventura County criminal matter in which Noell was charged with attempted murder and felony domestic violence against a former spouse. When Attorneys withdrew from representation, Noell hired new counsel whom he paid $425,000.2 After a three-week trial, a jury convicted Noell of felony domestic violence against a former spouse but acquitted him on the attempted murder charge.

1. The Agreement’s fee and termination provisions The Agreement provides, “[It] shall not be effectively binding, nor shall either party be responsible for or bound to its terms until the monetary consideration referenced below is deposited with the Firm.” Attorneys agreed to represent Noell in the criminal action in Ventura County and to specially appear in a divorce proceeding “for the purpose of obtaining discovery . . . that the Firm deems to be relevant to the . . . criminal matter.” The Agreement contains a flat fee provision and a statement of the Attorneys’ hourly rates. Specifically, the Agreement provides, “The total flat fee for representation of client in this matter is Three Hundred Fifty…