PCO, INC., v. CHRISTENSEN
In action against law firm and one of its attorneys in which plaintiff alleged that attorney a "non equity partner" in the firm improperly obtained moneys from a criminal client, who in turn had wrongfully obtained those moneys from plaintiff, evidence that firm's Web site promoted attorney as head of the firm's white collar criminal defense practice; that attorney's name is in the firm name; that retainer agreement identified firm as client's counsel; that client was billed by firm; that attorney used firm's letterhead in corresponding about client's case with prosecutor and received correspondence from prosecutor at firm's office, and that attorney identified himself to courts as being affiliated with firm was sufficient to establish triable issue as to firm's vicarious liability for actions of attorney. Triable issue of fact existed as to whether attorney's participation in removing cash from client's residence was a "foreseeable consequence" of firm's representation of client so that firm would be liable for the acts of attorney, where evidence that government was on verge of freezing client's bank accounts, that client lacked non cash assets sufficient to post bail, and that cash removed from residence was used to post bail and to pay legal fees would allow jury to reasonably conclude attorney participated in removing the money in an effort to help a client of the firm and to ensure that the firm's fees were paid; such activities being typical of the practice of a white collar criminal defense lawyer and therefore sufficient to render the firm liable under the doctrine of respondeat superior. Evidence that attorney or firm received money belonging to plaintiffs from client's residence did not establish a triable claim for breach of fiduciary duty where it was undisputed that such money was received by attorney and/or firm as legal fees and not as a fiduciary for plaintiffs.
Comments on PCO, INC., v. CHRISTENSEN