A bitter seven-year fee fight between San Francisco attorneys Waukeen McCoy and Angela Alioto made it to the appellate level Wednesday, where three justices asked few questions and gave no indication how they would rule.
At stake, McCoy claims, is about $2 million in fees allegedly earned while working with Alioto for a year on a racial discrimination case against Interstate Brands Corp., the maker of Wonder Bread and Hostess Twinkies. He also disputes about $31,000 in costs awarded Alioto by San Francisco Superior Court Judge Robert Dondero.
On Wednesday, arguments in San Francisco's 1st District Court of Appeal seemed to focus on whether McCoy was associated with Alioto at the time -- which wouldn't require their admittedly oral fee-sharing agreement to be in writing -- and whether he is due fees quantum meruit. In other words, for the services he rendered in a quasi-contractual relationship.
With McCoy sitting at his side, attorney Dow Patten, an of counsel in McCoy's office, argued a division of fees "clearly was contemplated" and that Alioto "held Mr. McCoy out as an associate."
Patten stated that the two attorneys shared the same address, voice mail, letterhead and business cards, and that there was no indication McCoy's office was separate.
Steven Robinson, an attorney in Alioto's office, disputed that when he got to the lectern, arguing McCoy had his own furniture, staff and caseload. The two were involved in "a joint venture rather than a partnership," Robinson said, and McCoy's "compensation was entirely contingent on the results of the lawsuit."
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