There Will be Consequenses for Settling Behind an Attorney’s Back if You Have a Contingency Basis Retainer

October 24, 2019

Mancini & Associates v. Superior Court protects attorneys working on a contingency basis. Specifically, in this case a client hired an attorney Mancini on a contingency basis to prosecute a case for her. The retainer agreement provided that should Mancini recover a favorable settlement or judgment for the client, he will be entitled to a percentage from the recovery for his reasonable attorney’s service plus costs expended associated with litigation. Mancini successfully recovered a favorable result for the client only to find out that the client released Defendant from all the liabilities including the attorney’s fees behind Mancini’s back and without his consent.

In 2016, Mancini brought this lawsuit against Defendant for the reasonable amount of attorney’s fees and costs alleging causes of action for intentional interference with contract, intentional interference with economic relations, negligent interference with prospective economic relations, and enforcement of an attorney lien. The court held that Mancini indeed was entitled to the attorney’s fees and costs pursuant to his retainer with his client and judgment was entered in the amount of $409,351.81. The defendant appealed, but the verdict was affirmed. Mancini & Associates v. Superior Court, (Second Dist., Div. Six, 9/4/19)