SLAPP: Trial Judge Properly Did Not Award SLAPP Winners For Work Of “Of Counsel” Attorney Under Trope

 

Lawyer Promotional Listings and Social LinkedIn Proof Showed the Affiliation With The Firm Being Defended.

     Be careful of what you list out there. That is the lesson from this one, notwithstanding the proliferation of lawyer “hype” listings and LinkedIn social connections.

     In Jensen v. Charon Solutions, Inc., Case Nos. B240651/B244155 (2d Dist., Div. 2 Oct. 10, 2013) (unpublished), a SLAPP grant in a malicious prosecution case, mainly brought against attorneys, was affirmed. Although the lower court awarded attorney’s fees in large measure to the SLAPP winners, the court did reduce $14,098.94 in fees for work done by an “of counsel” attorney representing a defendant firm based on the Trope prohibition (a prohibition denying fees to attorneys representing themselves in certain cases).

     This fee denial was affirmed. The proof was in the pudding, so to speak--local bar association listings, Martindale Hubbell website information, and a LinkedIn profile all demonstrated there was an affiliation between the “of counsel” attorney and affiliated-with law firm, enough to find the “of counsel” relationship prevented an award of SLAPP fees for that particular’s attorney work. (Sands & Associates v. Juknavarian, 209 Cal.App.4th 1269, 1272-1273 (2012) [discussed in our October 10, 2012 post].)