In a personal injury action, can an attorney unilaterally determine his own fee and withhold funds from the estate account without the consent of the court?

In addition, the stipulated findings clearly establish that petitioner withdrew funds from the estate account as payment for his services without prior court approval. "It is well settled that an attorney may not unilaterally determine his own fee and withhold trust funds to satisfy it even though he may be entitled to reimbursement for his services." (Brody v. State Bar, supra, 11 Cal.3d 347, 350, fn. 5, 113 Cal.Rptr. 371, 521 P.2d 107; see Crooks v. State Bar (1970) 3 Cal.3d 346, 358, 90 Cal.Rptr.

Page 683