“I Think I’ll Sue My Client For Fees.”

A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. The trial court, however, ruled the lawyer was the prevailing party and ordered the client to pay more than $1 million in attorney fees on that basis. Back to the Court of Appeal. With regard to attorney fees, the appellate court found the lawyer had been awarded no relief on his contract claim so he was not the prevailing party on that claim, and that, as a matter of law, the client was the prevailing party on the contract claim. As to costs, the appellate court also found that as a matter of law, under Code of Civil Procedure, section 1032, the client was the prevailing party. (David S. Karton, A Law Corp. v. Dougherty (Cal. App. Second Dist., Div. 1; November 14, 2014) 231 Cal.App.4th 600, [180 Cal.Rptr.3d 55].)