Retainer Agreements: Retainer Agreement Provision Did Allow For An Attorney To Recover Fees Against A Client For Prevailing In A Fee Dispute

We Quote The Successful Language Below.

            In Leung v. Alivandivafa, Case No. B323416 (2d Dist., Div. 2 Sept. 26, 2023) (unpublished), attorney won a fee dispute with a client after a lower court determined that the governing contingency agreement was valid.  The lower court then awarded prevailing attorney $98,250 in fees, reducing the requested hourly rate from $600 to $500 based on experience and the nature of the dispute.  The appellate court affirmed.  Here is the fee clause in the retainer agreement which justified the fee award: “ATTORNEY has a lien for his fees and legal costs upon the CASE, any judgment obtained thereon, or the proceeds of any settlement or recovery.  ATTORNEY will also be eligible for fees and legal costs associated with recovery of any and all monies owed by CLIENT.”