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


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

'(1) The relation of attorney and client is one of special trust and confidence and where, after the relationship has been established, an attorney and client enter into an agreement with reference to the attorney's compensation, the burden is on the attorney to show that the agreement was fair and openly made with full knowledge upon the part of the client of the facts and of his legal rights with relation thereto. The attorney in such case is bound to act in uberrima fides, that is, with the most scrupulous good faith toward his client (Stieglitz v. Settle, 50 Cal.App. 581, 585, 195 P. 705).

'(2) When an attorney attempts to enforce a contract entered into with his client after the relationship of attorney and client has arisen, the presumption arises that the contract was without sufficient consideration (Shahabian v. Najarian, 14 Cal.App.2d 435, 443, 58 P.2d 396).

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