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  1. #1

    Question Confusing Clause in a Contract

    State of California

    Hi,
    I have a question regarding a clause in a contract. According to this paragraph

    "To the extent that the attorneys fees in this matter shall be paid by Mr. X, and to the extent that either of will be paying the attorneys fees of the other, we are required to obtain your written consent pursuant to the provisions of subdivision (f) of rule 3-310, Rules of Professional Conduct. We confirm to you that any payment of either of your attorney’s fees by the other shall not interfere with the independence of our professional judgment or the attorney/client relationship between our firm and each of you."

    Who is responsable for the attorneys fees in this clause, Mr. X or the person signing the contract?


    After reading the clause over and over again, I kind of understand that Mr.X "shall" be responsable for the "paying the attorneys fees" in this matter, and the person signing the contract only does so because it is required by the Rules of Professional Conduct. Thus, the person signing the contract is not responsible for the payments, only Mr. X.

    Thank You. I really apprecite your help. I am sorry if I place the post in the wrong section, but this is my second post in this forum, so I am a noob.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Confusing Clause in a Contract

    The clause you quote relates to possible conflicts of interest if a third party pays the client's legal fees. It doesn't of itself make anybody else responsible to pay the client's legal fees.

  3. #3

    Default Re: Confusing Clause in a Contract

    Quote Quoting Mr. Knowitall
    View Post
    The clause you quote relates to possible conflicts of interest if a third party pays the client's legal fees. It doesn't of itself make anybody else responsible to pay the client's legal fees.
    Thank You, Sir. I knew it could be how you have explained it, but I guesse my desire to help someone out just blocked my logical reasoning. Again, Thank You.

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