Kadin v. ABS Power Brake CA4/3
A contingency fee provision in an attorney retainer agreement (the Retainer Agreement) provides: “Client agrees to pay to Attorney a fee of 33-1/3 percent of any recovery. If Attorney is unable to obtain money for Client in this case, then Attorney will receive no Attorney fee at all.” David C. Kadin, the attorney, represented ABS Power Brake, Inc. (ABS), and Pedro Gomez, Guillermo Lopez, and Lucio Gomez (the Gomez Brothers) in a lawsuit against an insurer, its agent, and its broker. In settlement of the lawsuit, ABS and the Gomez Brothers received $1.1 million in cash, and the insurer agreed to obtain (for an undisclosed amount) a satisfaction of a $12.88 million judgment against ABS and the Gomez Brothers in a federal trademark lawsuit.
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