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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court
Citation:
70 Cal.Rptr.2d 304, 949 P.2d 1 (Cal.1998)Facts
Birbrower, a New York law firm with no attorneys licensed in California, entered into a fee agreement with ESQ, a California corporation, to represent ESQ in a dispute with Tandem Computers. The agreement was negotiated and executed in New York but provided that Birbrower would handle all matters related to ESQ’s claims against Tandem, which was based in California. Birbrower attorneys traveled to California several times in 1992 and 1993, meeting with ESQ and its accountants, discussing strategy, giving advice, meeting with Tandem representatives, making settlement demands, interviewing potential arbitrators, and filing a demand for arbitration with the American Arbitration Association in San Francisco. The parties eventually settled the dispute before arbitration. ESQ later sued Birbrower for malpractice and sought a declaration that the fee agreement was invalid because Birbrower had engaged in the unauthorized practice of law in California.
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