Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney?

California, United States of America


The following excerpt is from Calzada v. Sinclair, 6 Cal.App.3d 903, 86 Cal.Rptr. 387 (Cal. App. 1970):

Defendants urge that before the client is entitled to make a claim against his attorney, such client is required to repay to the attorney all moneys laid out by him for the benefit of the client plus the reasonable value of his services. Defendants cite and rely on Tomblin v. Hill, 206 Cal. 689, 695, 275 P. 941. Tomblin v. Hill stands for the proposition that an attorney, acting in good faith and with the full knowledge and approval of his client, who acquired title to his client's real property as trustee by the purchase of a sheriff's certificate at an execution sale upon a judgment against his client, and by purchasing various other judgments which constituted liens on his client's property, and who held title thereto through the period of redemption with full knowledge on the part of the client that her title to the property would be lost unless she redeemed it before the expiration of such period, is entitled to be reimbursed for his outlay and for a reasonable amount for his services before the client can claim the benefit of the purchase. The facts in Tomblin are inapposite to the facts here.

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