Civil Action Podcast

30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages

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30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages
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Brian and Shant discuss the following cases:

Hood v. Gonzalez: A nightmare client who had gone through five lawyers.  The client signed the settlement agreement but refused to sign the check then the court appointed an elisor to endorse the check in lieu of the client’s endorsement.

Soni v. SimpleLayers, Inc.: An untimely request to arbitrate in a fee dispute leads to a $2.50 award.  The critical issue is whether the clock starts to run to make a demand from the moment the award is received or when the demand is dropped in the mail.

Fabian v. Renovate America: Solar panels were attached to the plaintiff’s home and a deed was taken out on the plaintiff’s home for payment.  In response to the plaintiff’s lawsuit, Renovate files a petition to compel arbitration grounded on the theory that the plaintiff signed the contract via DocuSign.

ENA North Beach, Inc. v. 524 Union Street: A restaurant-tenant sued the landlord claiming misrepresentation in leasing the space.  Permits were allegedly included in the lease but were not obtained. The court ruled in favor of the tenant and punitive damages were awarded.

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