Attorney fees awarded under California statute belong to prevailing party

Law Reporter, Sep 1999

ATTORNEYS

Attorney fees awarded under California statute belong to prevailing party.

Flannery v. Prentice, 85 Cal. Rptr. 2d 95 (Ct. App. 1999).

A California appellate court held that under a state law awarding attorney fees to "the prevailing party," the fee award belongs to the prevailing party, not to that party's attorney.

Here, Flannery prevailed in a lawsuit against her former employer for violations of the California Fair Employment and Housing Act, CAL. GOV'T CODE sec 12900 et seq., and was awarded attorney fees under CAL. GOV'T CODE sec 12965(b). She then filed suit against her attorneys for legal negligence and filed a claim for declaratory relief seeking an order acknowledging her entitlement to the statutory fee award. The trial court granted defendants summary judgment.

Reversing, the appellate court noted that in construing a statute, courts first examine the language of the law. Here, the court said, the text of sec 12965(b) provides for the award of attorney fees to the prevailing party and makes no mention of the party's attorney. Citing case law, the court noted that the attorney fees provisions of federal laws with statutory language similar to sec 12965(b) had been interpreted as entitling plaintiff-not plaintiff's attorney-to attorney fees.

The court rejected defendants' argument that this interpretation of sec 12965(b) does not ensure proper compensation for attorneys and therefore will defeat the goal of attracting competent counsel. Section sec 12965(b) guarantees that a prevailing plaintiff who has been represented by counsel gill have money with which to pay a reasonable attorney fee, the court said. Attorneys are responsible for ensuring payment by securing an appropriate fee agreement with the client.

Accordingly, the court remanded.

Lawrence N. Hensley, Sacramento, Counsel.aL

Lawrence N. Hensley, Sacramento, Cal.