Family Law, Retainer Agreements, Sanctions: CCP § 128.7 Sanctions Award Reversed Because Litigant Not Given Safe Harbor Notice/OSC Notice That The Sanctions Response Was Sanctionable

Also, We Learn New Things All The Time—Contingency Agreements In Family Law Proceedings Are Against Public Policy.

               Wright v. Wright, Case No. B330901 (2d Dist., Div. 1 Aug. 23, 2024) (unpublished) is interesting on two points:  (1) it reversed a CCP § 128.7 sanctions order against a litigant based on litigant’s response to a sanctions motion because no separate safe harbor or OSC notice targeted that response; and (2) Rules of Professional Conduct, rule 1.5(c)(1) provides that contingency agreements in family law proceedings are void against public policy because they incentivize attorneys to discourage reconciliation between the family law litigants, although the panel did not have to apply this provision because the subject retainer arrangement was not a contingency arrangement.