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Results: Legal Malpractice & Attorney Overbilling

Below is a list of some of the cases the firm has handled, not a complete list, and is not a guaranty of future results.

Results Legal Practice

ReadyLink HealthCare v. Lewis, Brisbois, Bisgaard & Smith, LLP
$9 Million
The defendant law firm charged its client almost $5 million in legal fees while handling four sophisticated trade secrets and business cases. None of the four cases went well for the client, despite the fact the client paid millions of dollars of attorneys' fees. The client hired Klein & Wilson to handle the malpractice case against former counsel, one of the largest law firms in the United States. After a two month long jury trial, the jury awarded Klein & Wilson's client every penny it requested on its breach of contract and malpractice claims and awarded the defendant law firm nothing on its cross-claims. The case drew significant attention from the California legal community, and the Los Angeles Daily Journal ran a front-page story about this case. Lewis Brisbois Ordered to Pay Millions for Overbilling.


Doe Law Firm v. Roe Corporation
$2.1 million
Klein & Wilson represented a client who was sued for approximately $800,000 in unpaid fees by its former law firm and the law firm's expert in the underlying case. Klein & Wilson filed a cross-complaint against the law firm, alleging legal malpractice and over billing. Klein & Wilson won approximately 20 different motions and persuaded the court to issue almost $150,000 in sanctions against the law firm for various discovery abuses. Before trial started, Klein & Wilson persuaded the court that the law firm likely committed fraud, resulting in an order entitling Klein & Wilson to conduct discovery regarding the net worth of the firm and its members. After one day of trial, the expert voluntarily dismissed its complaint and received no money. The law firm also dismissed its complaint without receiving a penny, and it paid Klein & Wilson's client$1.3 million to settle the legal malpractice claim, resulting in a settlement valued at $2.1 million.


CD Listening Bar, Inc. v. Doe Major Accounting Firm
$2 million
Klein & Wilson's client was one of the largest distributors of compact disc products in the United States. As the result of rapid growth, the client needed to replace its existing accounting software program with a higher end program while remaining in operation. The client retained a major accounting firm to perform the work. The accounting firm botched the project, and Klein & Wilson's client was severely damaged. The case ultimately settled for $2 million.


Doe City v. Roe City Attorney
$1.5 million
Klein & Wilson represented a City against its former City Attorney for legal malpractice arising out of the City Attorney's failure to identify and resolve a conflict of interest. The conflict of interest sparked negative media attention, a public audit, and a criminal prosecution. Ultimately, the City was forced to reimburse funds spent on a public project. When Klein & Wilson substituted into the case, the former City Attorney refused to offer a penny to resolve the case. After Klein & Wilson evaluated the case and presented the former City Attorney with facts showing it had substantial exposure at trial, Klein & Wilson was successful in resolving the case for $1.5 million without taking a single deposition.


Doe Corporation v. Roe Law Firm
$1.35 Million
A national law firm represented Klein & Wilson's client in patent litigation. The law firm failed to live up to the standard of care in accumulating documentation in accordance with Rules 11 and 26 of the Federal Rules of Civil Procedure. The federal magistrate issued an order in the patent case, causing the law firm to panic and produce a million documents over a weekend. The law firm's production was disorganized, and the firm failed to produce a critical document. The magistrate concluded the firm's omission was intentional. Successor counsel took over the case and made additional mistakes which angered the court. Consequently, the court dismissed the case. The original law firm blamed the subsequent law firm for the dismissal.

Klein & Wilson represented the client, a Fortune 500 Company, in its malpractice case against the first law firm. The law firm cross-complained against the client seeking approximately $1 million of unpaid fees. Klein & Wilson presented a multimedia presentation of its case at mediation to convince the law firm it would lose the trial. After watching the multimedia presentation, the law firm abandoned its claim for fees and paid Klein & Wilson's client $350,000 to settle the malpractice claim.


Doe Corporation v. Roe Law Firm
$1.25 Million

Klein & Wilson brought a legal malpractice action against one of the largest and most prominent law firms in California for its mishandling of a "bet-the-company" trade secrets case and its failure to recognize serious conflicts of interest. At the time, Klein & Wilson accepted the case, the law firm was demanding approximately $500,000 from the client. Klein & Wilson settled the case on the eve of trial for $725,000 with the law firm agreeing to write-off its entire bill of almost $500,000.


Does v. Roe Corporation
$795,000
Klein & Wilson represented several clients in a legal malpractice and over billing case. Before taking a single deposition or conducting any discovery, Klein & Wilson was successful in resolving the case in a manner which netted the clients $795,000.


Doe v. Roe Law Firm
$550,000
Klein & Wilson's client hired transactional counsel to negotiate the purchase of a business. The lawyer formed an entity to be the buyer but allowed the individual client to sign a purchase and sale agreement, making the client personally liable if the transaction did not close. When the client had second thoughts about closing the transaction, the client's attorney told the client he did not havbe personal exposure if he decided not to close the deal. The client followed the advice. The seller sued the client and recovered a substantial judgment. Klein & Wilson pursued the malpractice case against the transactional attorney and recovered $550,000.


Mraz v. Lieff, Cabraser, Heimann & Bernstein
$533,919.40
Klein & Wilson represented a minor against the largest plaintiff's law firm in the United States, Lieff, Cabraser, Heimann & Bernstein (LCHB). After winning a wrongful death trial for the minor, LCHB took a fee from the minor without first obtaining a valid compromise order. At a court trial, Klein & Wilson proved that the minor's compromise order LCHB obtained, was invalid. Then, Klein & Wilson persuaded the jury to award the minor client $400,000 because of LCHB's mistake in taking a fee without first obtaining a valid minor's compromise order. Finally, Klein & Wilson proved that LCHB improperly denied requests for admission before trial. Klein & Wilson won a judgment totaling $533,919.40 for its minor client.


Does v. Roe Law Firm
$250,000
Klein & Wilson recovered $250,000 in a legal malpractice case where the attorneys did a poor job preparing an underlying personal injury and civil rights case. Despite serious issues of causation, Klein & Wilson convinced the law firm's insurance carrier a jury would overlook the causation issues because of the attorneys' misconduct.


Doe v. John Roe
$200,000
One of the largest law firms in the United States sought $747,181.79 from its client in a fee dispute. Klein & Wilson cast doubt on the law firm's bills by comparing the work product with the amount of time the attorneys billed. The case settled for $200,000 before the fee arbitration. Accordingly, Klein & Wilson saved the client over $500,000.


Doe v. Roe Law Firm
(Settlement)

Klein & Wilson's client hired a law firm to represent her in a divorce case. The attorney did a poor job preparing her case for trial and relied too heavily upon an expert who did not know what she was doing. When the client complained that the expert's report was filled with mathematical mistakes, the lawyer panicked, made an inappropriate physical contact with the client, and forcefully told the client she had to settle. Klein & Wilson's client decided she could not trust the attorney and was also afraid of him because of his physical aggression. She terminated his services and asked the court for a trial continuance, but the court refused to continue the trial. The trial ended in a predictable disaster. The defense contended the client's wounds were "self-inflicted" and that it was her discharge of the attorney which led to the disastrous trial result. Klein & Wilson was able to achieve a favorable confidential settlement for its client, allowing her to get back on track with her life and not be distracted by further litigation.


Kessler v. Horan
(Plaintiff Verdict)

In this attorney malpractice action, Klein & Wilson represented an investor who purchased real estate in Newport Beach. The attorney who represented Klein & Wilson's client in the transaction botched the transaction so badly, the client's title to the property was unclear, which resulted in several other lawsuits being filed. The attorney denied all liability and the case went to trial. The attorney was represented by one of Orange County's most experienced trial attorneys. Nevertheless, Klein & Wilson prevailed at trial and recovered all the damages it requested.


Overton, Lyman & Prince v. John Doe
(Defense Verdict)
Overton, Lyman & Prince, a prominent law firm, sued a former client for fees. Mr. Klein represented the client. At trial, the court determined the Overton firm had not proved its case. The court granted a defense verdict in favor of Mr. Klein's client.


Sjostrom v. Pepper Hamilton, LLP
(Settlement)
Klein & Wilson's client purchased a business and expected to have a covenant not to compete in the sales agreement, which would have prevented the owners of the assets from competing against him. The client discovered that his lawyers did not properly draft the covenant not to compete. The client sued his former counsel, one of the largest law firms in the county. Klein & Wilson worked cooperatively with opposing counsel to resolve this case satisfactorily for all sides, without a large expenditure of legal fees.


Wells Fargo Bank v. Cahill
(Settlement)

Descendants of President Ulysses S. Grant filed a malpractice action against their legal advisor and Klein & Wilson's client, a real estate advisor, claiming professional malpractice. Klein & Wilson was able to achieve a settlement for less than 10 percent (10%) of what it would have cost the client to go to trial.

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Klein & Wilson

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Newport Beach Law Office Map Phone: 949-631-3300
Toll Free: 877-857-0073
Fax: 949-631-3703

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