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BERTELSEN v. HARRIS

No. 06-36020.

537 F.3d 1047 (2008)

Jeffrey P. BERTELSEN; Amy L. Bertelsen, husband and wife and the marital community comprised thereof; Bertelsen Food Gas, Inc., a Washington corporation; Richard Bertelsen; Janis Jo Bertelsen, husband and wife and the marital community comprised No. thereof, Plaintiffs-Appellants, v. Roger K. HARRIS; Roger K. Harris PC, an Oregon professional services corporation; Harris Berne Christensen LLP, an Oregon limited liability partnership, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2008.

Attorney(s) appearing for the Case

Robert B. Gould, Brian J. Waid, Law Offices of Robert B. Gould, Seattle, WA, for the appellants.

Patrick N. Rothwell, Davis Rothwell Earle & Xóchihua, Seattle, WA, for the appellees.

Opinion by Judge BEA; Dissent by Judge MILAN D. SMITH, JR.

BEA, Circuit Judge:

We are called on to decide whether attorney misconduct towards clients, involving violations of rules of professional conduct binding on the attorney, requires forfeiture of the attorneys' fees paid to them when, after all righteous furor is vented, the fees were eminently reasonable for the result produced.

Jeffrey and Amy Bertelsen, their now-defunct company Bertelsen Food & Gas, Inc., and Jeffrey Bertelsen's parents Dr. Richard and...

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