What is the test for an award of attorneys' fees when an attorney withdraws for ethical reasons?

California, United States of America


The following excerpt is from Estate of Falco, 188 Cal.App.3d 1004, 233 Cal.Rptr. 807 (Cal. App. 1987):

Two crucial factors must be present for appellant to prevail. First, we must conclude that withdrawal for ethical reasons justifies an award of attorneys' fees; an attorney who withdraws voluntarily without cause forfeits recovery for services performed. (Hensel v. Cohen, supra, 155 Cal.App.3d at p. 567, 202 Cal.Rptr. 85.) Second, the facts in the instant case must be sufficient to establish that appellants did in fact withdraw for a justifiable reason.

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