Fletcher v. Davis

Opinion

BAXTER, J.

When an attorney wishes to secure payment of hourly legal fees and costs of litigation by obtaining a charging lien against a client’s future recovery, must the attorney obtain the client’s consent in writing? We conclude that rule 3-300 of the Rules of Professional Conduct of the State Bar of California (rule 3-300), which requires the client’s informed written consent to the attorney’s acquisition of an interest adverse to the client, applies to such a transaction and therefore reverse in part the judgment of the Court of Appeal.

Background

Because this case reaches us after…