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Court Asked to Explain Math in Attorney Fees Litigation

Daily Journal Corporation | October 7, 2009

By Laura Ernde

Archer Norris partner Ric Blumhardt was quoted in a Daily Journal article about a recent state appellate court ruling. The case involved a dispute between San Jose attorney John C. Gorman and the contractor who built his house, Tassajara Development Corporation. The case settled in 2006 after seven years of litigation, and Gorman asked for $1.35 million in attorney fees, which included $665,000 in legal work he personally performed in representing himself and his wife. The trial court subsequently awarded a reduced amount of $416,581.37.

On appeal, Presiding Justice Conrad Rushing of the 6th District Court of Appeal could not find a basis for the figure and sent the case back to Santa Clara Superior Court. However, in doing so, he upheld most of Tassajara’s objections to the fee request. Most significantly, the court made it clear that Gorman is not entitled to be compensated for the legal work he performed . In a 71-page opinion, Rushing wrote, “It’s well established that attorneys working for themselves cannot collect attorney fees.” 

Ric Blumhardt, representing Tassajara, was pleased with the ruling.