Is a private attorney general entitled to fees from a private client?

California, United States of America


The following excerpt is from Daniels v. McKinney, 146 Cal.App.3d 42, 193 Cal.Rptr. 842 (Cal. App. 1983):

4 We are aware of the language in Serrano v. Priest, supra, that "the eligibility ... for the award of fees granted in this case is not affected under the 'private attorney general' theory by the fact that plaintiffs are under no obligation to pay fees to their attorneys, or the further fact that plaintiffs' attorneys receive funding from charitable or public sources." (20 Cal.3d 25, 47-48, 141 Cal.Rptr. 315, 569 P.2d 1303.) Serrano did not involve indigent criminal jail detainees who are entitled to have the public defender represent them if the public defender elects to do so.

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