Is a contingency agreement enforceable for attorney's fees?

Defendant contends the fee clause in his contingency agreement violates California's public policy against allowing lawyers proceeding in propria persona to recover attorney's fees. In other words, he contends that attorney's fees should never be recoverable by attorneys representing themselves. Defendant relies on the principles set forth in Trope v. Katz (1995) 11 Cal.4th 274, 278-284 (Trope) in support of his position. As we will explain, the present case involves a tort claim against plaintiff for legal malpractice. Section 1717 applies to fees incurred to enforce a contract. Here, there was indisputably a tort claim pursued against defendant. Thus, section 1717 did not apply. No doubt, there was a contract breach claim. But, defendant has failed to provide any documentation as to what occurred during the arbitration. Based upon the record provided, the trial court was duty bound to confirm the arbitration award for the following reasons.