Can an agreement for fees between an attorney and his client, made while the attorneyclient relationship exists, under which the attorney obtains any advantage?

California, United States of America


The following excerpt is from Rader v. Thrasher, 14 Cal.Rptr. 188 (Cal. App. 1961):

Appellant argues correctly that an agreement for fees between an attorney and his client, made while the attorneyclient relationship exists, under which the attorney obtains any advantage is presumptively invalid under the provisions of the above-quoted section. As stated in Bradner v. Vasquez, 43 Cal.2d 147, at page 152, 272 P.2d 11, at page 14: 'When a fiduciary enters into a transaction with a beneficiary whereby the fiduciary's position is improved, or he obtains a favorable opportunity, or where he otherwise gains, benefits, or profits, it may fairly be said that an advantage has been obtained. To declare that the advantage obtained must be shown to be unfair, unjust, or inequitable before the presumptions arise would result in the imposition of a condition which is not required by section 2235 [Civil Code].'

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