holding that attorneys must prove that their fees are fair but, absent such findings, nevertheless considering evidence to support judgment allowing attorney to retain a portion of fees
How later courts described this case
- holding that attorneys must prove that their fees are fair but, absent such findings, nevertheless considering evidence to support judgment allowing attorney to retain a portion of fees
- noting that after respondent “established that the conveyance was executed and delivered during the existence of the attorney-client relationship, the burden was on petitioner to show that his acquisition of the interest conveyed by the deed was fair, honest[,] and equitable”
- explaining that “[a]ctual fraud usually involves dishonesty of purpose or intent to deceive”
- explaining that courts “scrutinize with jealousy all contracts [with a fiduciary]”
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING Rehearing denied.