Tuesday, August 23, 2011
A law firm litigant that was successful on appeal is not entitled to recover statutory “prevailing party” attorney fees because its own associate represented it in the appeal.
Carpenter & Zuckerman et al. v. Cohen et al., No. B215544, 2011 WL 1759152 (Cal. Ct. App., 2d Dist., Div. 5 May 10, 2011).
Saying the use of an associate was equivalent to self-representation, the 2nd District Court of Appeal held that the fee request fell within case law that precludes law firms that represent themselves from recovering attorney fees for their own representation.
This case was based upon California law and I am not sure that if it would have much application outside of California.
Mitchell H. Rubinstein