Beheshti v. Bartley
A client discharged the attorney representing him in a civil suit and retained new counsel. After the lawsuit settled in favor of the client, the former attorney sought to recover legal fees he claimed were owed to him under his written retainer agreement. The former attorney filed a notice of lien in the underlying action, corresponded with successor counsel regarding his claim for fees, and filed a cross-complaint seeking the fees in an interpleader action filed by the settling defendant. The client brought a malpractice action against the former attorney, which included causes of action based on these efforts to enforce the lien. Court conclude the attorneys efforts to recover his fees by asserting a contractual lien against settlement proceeds was activity protected under the anti-SLAPP provisions of Code of Civil Procedure section 425.16 (hereafter, section 425.16). Because the trial court properly determined there was no probability the client would prevail on the claims arising from this conduct, Court affirm its order granting the attorneys special motion to dismiss those causes of action.
Comments on Beheshti v. Bartley