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Professional Responsibility Keyed to Gillers
Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court
Citation:
Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court 70 Cal.Rptr.2d 304, 949 P.2d 1 (Cal.1998)Facts
Birbrower, Montalbano, Condon & Frank, P.C., a New York law firm with no attorneys licensed in California, was retained by ESQ Business Services, Inc., a California corporation, to represent it in a contract dispute with Tandem Computers. Between 1992 and 1994, Birbrower attorneys made several trips to California to meet with ESQ representatives, provide legal advice, strategize about settlement options, interview potential arbitrators, and negotiate with Tandem. The parties signed a fee agreement providing for both hourly rates and a contingency fee. After reaching a settlement with Tandem, ESQ sued Birbrower for malpractice, and Birbrower countersued for its fees. ESQ then moved for summary judgment, arguing that Birbrower had engaged in unauthorized practice of law in California and thus could not recover fees.
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