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BECK v. WECHT

No. S099665.

121 Cal.Rptr.2d 384 (2002)

28 Cal.4th 289

48 P.3d 417

Daniel BECK, Plaintiff, Cross-defendant, and Respondent, v. Ronald H. WECHT et al., Defendants; American Equity Insurance Company, Intervener and Appellant. Daniel Beck, Plaintiff and Appellant, v. Ronald H. Wecht et al., Defendants and Respondents.

Supreme Court of California.

June 27, 2002.

Attorney(s) appearing for the Case

Drath, Clifford, Murphy, Wennerholm & Hagen, John M. Drath, Oakland, and Raymond Z. Bacerdo for Intervener and Appellant American Equity Insurance Company and for Defendants and Respondents Ronald H. Wecht et al.

M. Armon Cooper; Carlson, Calladine & Peterson, Guy D. Calladine, San Francisco, and Henry Chun for Plaintiff, Cross-defendant and Respondent and for Plaintiff and Appellant Daniel Beck.

BROWN, J.

The question presented by this case is whether one cocounsel may sue another for breach of fiduciary duty on the theory that the latter's malpractice in handling their mutual client's case reduced or eliminated the fees the former expected to realize from the case. There is a split of authority on this question. Pollack v. Lytle (1981) 120 Cal.App.3d 931, 175 Cal.Rptr. 81

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