Franklin v. Appel
California Court of Appeal
1Opinion of the Court
Opinion
KLEIN, P. J.
Plaintiffs, cross-defendants and appellants Bernard Franklin and Judith Franklin (the Franklins) appeal a judgment awarding $705,000 in damages to their former attorney, defendant, cross-complainant and respondent Eliezer Appel (Appel), in an action to recover attorney fees.
The central question presented is whether the Franklins may avoid their contingency fee agreement with Appel on the ground the contract lacked a statutory recital the fee was not set by law but was negotiable. (Bus. & Prof. Code, § 6147.) Said statute allows a client to void an agreement which fails to…
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