Facts

Plaintiff sued his employer for wrongful termination. The employer filed an anti-SLAPP motion, but was denied by the trial court. The denial of the anti-SLAPP motion was reversed on appeal.

Plaintiff and employer entered into a global settlement, whereby employer waived its right to the SLAPP fees, resulting in a net recovery of $35,000 in favor of plaintiff. His attorney withdrew from representation while the case was pending. Plaintiff, however, sued his first attorney (attorney-defendant) arguing that he would have obtained a better recovery if his attorney had properly advised him about the SLAPP fee liability.

Result

In a bifurcated trial, the jury decided the negligence issue only and found attorney-defendant not negligent. A bench trial was held on the issue of whether the fee agreement with the client was "unconscionable" and whether attorney-defendant was entitled to a lien in quantum meruit on the recovery. The bench trial found in favor of attorney-defendant and he was awarded recovery in the amount of $14,000. The bench verdict also did not find the fee agreement to be unconscionable. The bench trial also found that attorney-defendant's withdrawal was not unlawful and made for good cause.