Ethics, Reasonableness Of Fees: 2/8 DCA Justice Wiley Suggests That Ethical Games And Unprofessionalism Will Justify A Fee Recovery Denial Or Reduction

Case Did Not Involve Fees, But His Lesson Should Be Paid Attention To.

            Although the opinion in Field v. U.S. Bank National Association, Case No. B309111 (2d Dist., Div. 8 June 9, 2022) (published) is not an attorney’s fees decision per se, an observation early on in the opinion, authored by Justice Wiley, should be paid attention to.  He notes that ethical gamesmanship and unprofessionalism can give rise to denial of an attorney’s fees request or a reduction.  He cites Karton v. Ari Design & Construction Inc., 61 Cal.App.5^th 734, 747 (2021) [discussed in our March 10, 2021 post] for that proposition, an opinion he also authored and which does support that point.