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FLETCHER v. DAVIS

No. S114715.

14 Cal.Rptr.3d 58 (2004)

90 P.3d 1216

33 Cal.4th 61

Freddie FLETCHER, Plaintiff and Appellant, v. Carlyle DAVIS et al., Defendants and Respondents.

Supreme Court of California.

Rehearing Denied August 11, 2004.

Attorney(s) appearing for the Case

Freddie Fletcher, in pro. per., for Plaintiff and Appellant.

Latham & Watkins, Susan S. Azad, Los Angeles, and Kathryn M. Davis, San Francisco, for Defendants and Respondents Carlyle Davis, TransCoast Financial Inc. Defined Benefit Trust, Carlyle Davis and Barbara Davis as Trustees of TransCoast Financial Inc. Defined Benefit Trust and TransCoast Financial Inc.

Gernsbacher & Associates and David Gernsbacher, Los Angeles, for Defendants and Respondents Arthur Gilbert and David Gernsbacher.

Stocker & Lancaster and Jay F. Stocker for Defendant and Respondent Master Washer & Stamping Co., Inc.

Fischbach & Fischbach and Joseph Fischbach, Beverly Hills, for Defendant and Respondent Joseph Fischbach.

BAXTER, J.

When an attorney wishes to secure payment of hourly legal fees and costs of litigation by obtaining a charging lien against a client's future recovery, must the attorney obtain the client's consent in writing? We conclude that rule 3-300 of the Rules of Professional Conduct of the State Bar of California (rule 3-300), which requires the client's informed written consent to the attorney's acquisition of an interest adverse to the client, applies to such...

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