BIRBROWER, MONTALBANO, CONDON & FRANK, P.C., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ESQ BUSINESS SERVICES, INC., Real Party in Interest., 17 Cal. 4th 119

Summary

Petitioner law firm executed a written fee agreement with respondent client out of state. While representing respondent, petitioner's attorneys traveled to and gave legal advice in California. None of petitioner's attorneys were licensed to practice law in California. Respondent filed suit against petitioner alleging malpractice. The trial court granted partial summary judgment in favor of respondent. Petitioner filed for a writ of mandate in the court of appeals to direct the trial court to vacate the summary judgment order. The court of appeals denied the petition, affirmed the trial court's order, and held that Cal. Bus. & Prof. Code § 6125 barred petitioner from recovering all legal fees under the fee agreement. Petitioner appealed, contending that § 6125 did not apply and the fee agreement was not wholly unenforceable. The court affirmed in part because petitioner violated § 6125 by practicing law in California and was not entitled to recover legal fees for those illegal services....