California, United States of America
The following excerpt is from Roland v. Nursing Home Solutions, Inc., B191046 (Cal. App. 5/30/2007), B191046 (Cal. App. 2007):
"[An attorney fee] agreement is like any other contract creating a legal relationship: `"The nature of the instrument is not to be determined by what the parties called it. . . . Its nature is to be determined by its legal effect."' . . . `The label placed by the parties on their relationship is not dispositive, and subterfuges are not countenanced.' . . . `The law respects form less than substance.'" (Benninghoff v. Superior Court (2006) 136 Cal.App.4th 61, 73, citations omitted.) "`[N]o disclaimer will be effective if [the lawyer] is in fact performing legal services or offering legal advice.'" (Id. at p. 73, fn. 10.)
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