Winterrowd v. American General Annuity Insurance Company


Plaintiff's May Recover Fees Generated By Non-Admitted Attorney Who Assists California Attorney in California-Based Litigation

In a divided opinion, the Ninth Circuit recently held that a lawyer who was not admitted to practice law in California was still eligible to recover fees generated in the case, under limited circumstances. A member of the Oregon Bar, assisted a California lawyer in a breach of a contract action against an insurance company. The insurance company ultimately agreed to settle the matter, and the plaintiff sought to recover its attorneys’ fee including the fee incurred by its Oregon Counsel. The District Court concluded that the Oregon counsel could not recover attorneys’ fees for work performed while the case was pending before the California District Court. The plaintiffs appealed to the Ninth Circuit and the court reversed in part and remanded for further proceedings.

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