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Chambers V. Kay

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eBook details

  • Title: Chambers V. Kay
  • Author : In the Supreme Court of California
  • Release Date : January 04, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

This matter arises from a dispute between two attorneys over contingent fees generated from the successful prosecution of a client's lawsuit against third parties. Rule 2-200(A)(1) of the California Rules of Professional Conduct (all further references to rules are to these rules), which this court approved to protect the public and to promote respect and confidence in the legal profession, provides in pertinent part that a member of the State Bar "shall not divide a fee for legal services with a lawyer who is not a partner of, associate of, or shareholder with the member unless . . . [¶] . . . [t]he client has consented in writing thereto after a full disclosure has been made in writing that a division of fees will be made and the terms of such division . . . ." Here, the plaintiff attorney seeks a division or apportionment of fees despite noncompliance with the rule's written client consent requirement. We conclude, based on the uncontroverted record before us, that rule 2-200(A)(1) is binding on plaintiff and precludes him from sharing in the subject fees. Accordingly, we affirm the judgment of the Court of Appeal.


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