Taheri Law Group v. Evans, 160 Cal.App.4th 482, 72 Cal.Rptr.3d 847 (2008)

Brief Summary
A case brought by a law firm that sued a competing lawyer for stealing a client was held subject to the California anti-SLAPP statute.

Complete Summary
Dr. Sorokurs retained plaintiff Taheri Law Group (“Taheri”) for multiple matters. While some of these matters were still pending, Sorokurs switched lawyers, retaining attorney-defendant Neil Evans in place of Taheri. Taheri then sued Evans for interference with economic relations, claiming that Evans had encouraged the switch at a time when Sorokurs owed Taheri $500,000. Evans countered that his actions were protected under the anti-SLAPP statute. When the Superior Court held for Evans, Taheri appealed.

The appellate court held that Taheri’s cause of action arose from activity protected by the First Amendment and was therefore subject to an anti-SLAPP motion. Taheri argued that solicitation of clients is not protected litigation activity, but the court noted that the litigation privilege is often applied to pre-litigation communications and held that Evans’s communications with Sorokurs were protected. The court also noted that if the commercial speech exception to the anti-SLAPP statute included legal advice on pending matters, a client’s fundamental right of access to courts and right to choose counsel could be thwarted. The court noted, however, that in the absence of individualized legal advice, a lawyer’s commercial speech could fall under the commercial speech exemption from the anti-SLAPP statute. One example would be a firm’s “massive advertising campaign.” Id. at 492.

Because the anti-SLAPP statute applied, Taheri had to demonstrate a probability of prevailing, but he failed to produce any probative evidence. Nonetheless, the trial court overturned the award of attorney fees to Evans because Evans had represented himself.

Significance of Opinion
On the facts of this case, the court did not find it necessary to decide what would happen if Evans had unethically and improperly solicited Sorokurs. This opinion therefore leaves open the question whether such conduct would have changed the outcome.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

Upcoming Events

Hinshaw & Culbertson LLP and The Hildebrandt Institute Present: The Final Virtual Seminar in a Three-Part Law Firm Risk Management Seminar Series

Impaired and Poorly Behaving Partners: Managing the Risks

July 16, 2008, Noon-1:30 pm EST

Speakers
Thomas L. Browne, Lawyers for the Profession® Practice Group, Hinshaw & Culbertson LLP
Tom H. Luetkemeyer, Lawyers for the Profession® Practice Group, Hinshaw & Culbertson LLP
Dr. Larry R. Richard, Vice President and Head of the Leadership & Organization Development Practice Group, Hildebrandt International

Program Overview
Dealing with “problem” partners has always been a challenge for law firm leaders. In recent years, however, it has also become a serious area of risk exposure as state bars, regulatory agencies, clients, and plaintiff’s lawyers have been increasingly willing to charge firms with accountability for the “lack of supervision” often evidenced in such behaviors. In this virtual seminar, you will hear three experts — two professional responsibility lawyers and one lawyer/psychologist — describe the nature of these risks and offer some practical advice on dealing with these problems.

Topics to Include

• Ways of identifying “problem” partners before the problems cause serious damage;
• Methods for dealing with impaired or poorly behaving partners that protect the interests of the partners and the firm;
• Circumstances in which “problem” partners must be reported to the local bar;
• Understanding the psychological issues that can give rise to problems and how to short-circuit them;
• Discussing “problem” partner issues with clients; and
• Managing the damage to the firm when and if problems become public.

REGISTER NOW or call 866-872-5840

Who Should Attend

• Law Firm General Counsel or Firm Counsel
• Director of Research
• Risk Management Partner
• Chairs of Ethics and Conflicts Committees
• Directors of Professional Responsibility and Directors of Conflicts
• Managing Partners
• Executive Directors and Chief Operating Officers
• Senior Insurance Industry Executives with Responsibility for Lawyers Professional Liability Insurance