Mazon v. Krafchick

(dissenting) — The majority holds an attorney can never recover prospective fees from cocounsel. I disagree. Instead of focusing on the facts at hand, the majority seeks to prevent any possible conflict at any possible time in any possible case. Majority at 448-49 (fearing “potential conflicts of interest that harm the client’s interests may arise” (emphasis added)). It claims any liability between attorneys for prospective fees creates a fiduciary duty between attorneys, which might interfere with an attorney’s duty of loyalty to the client. The duty breached here, however, is the standard…