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Attorneys
Attorneys Fees
Contingency Agreement

John B. Richards Esq. v. Helen O'Flaherty, Olivia O'Flaherty, and Pulverman & Pulverman LLP

Published: Jul. 20, 2013 | Result Date: Dec. 31, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 1389147 Arbitration –  $30,546

Court

Santa Barbara Superior


Attorneys

Petitioner

William E. Poulis


Respondent

Brian K. O'Connor
(Law Office of Brian K. O'Connor)


Facts

In 2011, Helen and Olivia O'Flaherty suffered injuries in a car accident. They retained attorney John B. Richards to represent them in a lawsuit. However, they fired him six months later, and entered into a contingency fee agreement with Pulverman & Pulverman LLC. The firm successfully resolved the lawsuit within six months, and the contingent fee share of the settlement amount was $138,750. Later, Richards filed suit against his former clients and the law firm, seeking a portion of the contingent fee share.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant alleged that he had performed all work necessary for his former clients and the firm for them to settle the lawsuit and thus, he was entitled to 95 percent of the contingent fee share.

RESPONDENT'S CONTENTIONS:
Respondents claimed that claimant should only get $16,695 in reasonable fees and $761 in costs. They argued that claimant billed them for 70 hours of unperformed or unnecessary work and that claimant tried to convince them to the settle for one fourth of the amount they eventually received in the settlement. Last, they argued that claimant acted in a rude and intimidating manner.

Damages

Plaintiff sought 95 percent of the continent fee share, $132,000.

Result

An arbitrator determined that Richards was entitled to $29,785 in fees and $761 in costs.


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