When attorneys seek to recover their fees under fee-shifting statutes or “prevailing party” contractual clauses, the question often arises as to whether any such recovery is allowed when the attorney is representing herself, her own law firm, or a close family member in the successful litigation. The answer to this question often depends on the specific statute or contract at issue. There are policy reasons behind limitations on attorney fee recoveries in this context, and courts have recently declined to extend them.
Representing Your Own Law Firm
In the seminal case Trope v. Katz, 11 Cal.4th 274 (1995), the California Supreme Court held that an attorney representing his own law firm in a collection matter against a former client was not entitled to recover attorneys fees under the retainer agreement’s “prevailing party” attorneys fees clause.
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