Some design tips for retainer chords are given by the result in Meagher v. Robinson Bradford LP, Case No. C087478 (3d Dist. April 21, 2020) (unpublished), where lawyers faced several challenges both on their retention agreement and the handling of cases for an ex-client. Randy Evans is a partner and Shari Klevens is a partner and assistant general of Dentons, which has six offices throughout California. The authors represent lawyers and law firms, speak and write regularly on legal issues, including “The Lawyer`s Handbook: Ethics Compliance and Claim Avoidance” (ALM 2013) and California Legal Malpractice Law (ALM 2014). The client and counsel agree that all disputes arising from this agreement or representation of lawyers will be resolved exclusively by filing a binding arbitration procedure under the rules of the American Arbitration Association. This includes, among other things, all claims or disputes relating to the billing or benefit of the lawyer, including misconduct, negligence, breach of trust, breach or other, which you wish to bring against us at a later date. The law firm, which granted an audit in the case, had an unre revealing conflict of interest and caused the defiance party to waive a conflict. This contestant party obtained an interim decision from the Court of Appeal, which set aside the confirmation of a sentence, with the Court of Appeal finding that no rights were allowed by the conservation agreement.
The company then sued the firm for abuse of law in the Philadelphia Court of Pleas. The company invoked the arbitration decision and attempted to dismiss the case and force the client to file the application with an arbitrator in Minneapolis. 1/5 of the DCA breathed a sigh from the Tribunal in its narrow interpretation of the conservation agreement. On the contrary, with respect to the interpretation of contracts, the mutual intent of the parties at the time of drafting of the contract applies to interpretation. (Code 1636.) Therefore, the Tribunal should have interpreted the contract as a whole in such a way as to interpret the mutual intent of the parties. By focusing solely on the cousin`s payment clause alone, the court interpreted that the defendant client was not liable for the law firm`s unpaid fees/fees if the mutual intent of the parties was for the defendant to be liable for fees and fees and to pay all fees/fees that are not paid by the cousin. NOTE: Retainer agreements are also the subject of yesterday`s contribution to THE MCLE article “Make sure your customers pay your fees” – an article that also discusses a non-litigation clause and Charnay v. Colbert. The court brought both appeals, and the lawyer/companies were able to compel all claims to arbitration in both appeals on the basis of the arbitration agreement between the client and the now dissolved company.