Many cases involve contracts in some way, although the legal disputes often do not involve contract law. But in many cases, some issue of contract law is central, and Mr. Adelstein has handled several appeals where the contract issues were central.
This case involved a fee dispute between two lawyers and their two clients. The lawyers represented the clients and filed a lawsuit for defamation. They won a judgment of approximately $2 million. However, the lawyers did not have a signed written fee agreement. Business & Professions Code, section 6147 requires that a contingency fee agreement be in writing, contain certain mandatory terms, and be signed by the parties. If these requirements are not met, the lawyers may recover only a "reasonable fee." The client had already paid the lawyers a fixed amount representing more than their hourly fees.
The lawyers here asserted that their reasonable fee was a 40% contingency fee, not an hourly fee. The trial court disagreed, but the lawyers appealed. Mr. Adelstein represented the clients on appeal, and was successful in having the trial court's judgment affirmed.
Case Comment
This is another case where Mr. Adelstein represented the client in two related appeals and prevailed on both.
Case Data
Court of Appeal Opinion.
Court: California Court of Appeal, Second Appellate District, Division Three
(Los Angeles)
Case No. B153064
Author: Justice Patti Kitching
Opinion Date: January 22, 2003
Trial Counsel: B. Casey Yim.
This one was a loss.
George Harrison (the Beatle) sued his former business manager for a variety of claims, including breach of an oral contract. Harrison prevailed on summary judgment. Mr. Adelstein represented the business manger and appealed, arguing that the case should have been tried in England not Los Angeles, and in any case there were triable issues of fact. Unfortunately, the Court of Appeal agreed with the trial court and affirmed.
Case Data
Court: California Court of Appeal, Second Appellate
District, Division One
Case No. B100692
Author: Justice Reuben A. Ortega
Opinion Date: February 9, 1998
Trial Counsel: Daniel Germain.