Cavillaud v. Yale

Citations

• 3 Cal. 108

Syllabus

<p>In declaring against an attorney for negligence, it is only necessary to aver generally that lie was retained. But if it be alleged that lie was retained in consideration of certain reasonable fees and rewards to be paid him, and no future time is stated as agreed upon for the payment of such fee, the declaration must aver payment, and the omission of this is error.</p> <p>An attorney is always entitled to his retaining fee in advance, unless he stipulates to the contrary.</p>