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Counsel Concerns

By ljnstaff | Law Journal Newsletters |
November 02, 2014

California Court of Appeal Overturns Revised Award Arbitrator Had Given Lavely & Singer Law Firm

The California Court of Appeal, Second Appellate District, overturned an arbitrator's “revised final award” that gave legal fees to the Los Angeles law firm Lavely & Singer for its work in arbitrating a dispute brought against it by client Jeffrey Cooper. Cooper v. Lavely & Singer Professional Corporation, B251508.

Cooper had invested $250,000 in Hopeful Monster Inc. (HMI) but later hired Lavely & Singer to pursue fraud allegations against the entertainment production company. After an arbitrator in the Hopeful Monster dispute ruled in favor of HMI, Cooper accused Lavely & Singer of breach of contract, breach of fiduciary duty and professional negligence. Those claims went to arbitration per the law firm's retainer agreement with Cooper. The arbitrator then found in favor of Lavely & Singer, which represented itself in the arbitration against Cooper, but denied the firm's motion for legal fees as its own arbitration counsel. However, the arbitrator later revised his decision by awarding Lavely & Singer $225,677 for fighting Cooper. The Los Angeles Superior Court confirmed the award.

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