Can an attorney's fees contract stipulate that the attorney is entitled to a percentage of interest on a client's refund?

California, United States of America


The following excerpt is from Mahoney v. Sharff, 12 Cal.Rptr. 515, 191 Cal.App.2d 191 (Cal. App. 1961):

In Hollingsworth v. Lewis, 1928, 93 Cal.App. 526, 269 P. 709, 710, the court determined that as interest to be recovered on 'refunds' was not expressly mentioned in the attorney's fees contract, the attorney was not entitled to a percentage of the interest obtained for the client. '[I]t will be noted that the plaintiff undertook the burden of securing 'refunds on such shipments,' and that the defendants undertook to pay the plaintiff '50 per cent. of the refunds so secured.' In very short, we are asked to determine the length and breadth of the meaning of the word 'refunds' as used in the contract executed by the parties. As to whether that word included both freight moneys and interest on freight moneys, or merely included freight moneys, is slightly ambiguous. As the contract was

Page 521

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does an attorney have a valid contract with a client where there is a pre-existing attorney-client relationship? (California, United States of America)
What is the legal test for an attorney to enforce a contract in which a client is entitled to an attorney's compensation? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
What authority does a court have to accrue interest on a contract where the contract does not stipulate a legal rate of interest? (California, United States of America)
Is an attorney entitled to indemnity for receiving funds from a third party that is not his client's client? (California, United States of America)
Is a client entitled to the value of the interest generated on their attorney's funds? (California, United States of America)
Is an attorney bound by a stipulation even when the court considers imposition of harsher sanctions than those stipulated to by the attorney and the state bar? (California, United States of America)
When an attorney's disregard for the client's interest is habitual, or is severe discipline imposed on an attorney who fails to render services? (California, United States of America)
Can an attorney who engaged in a conspiracy to procure an illegal abortion for his client assert attorney-client privilege? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.