Legal Question in Intellectual Property in California

A California attorney promised over the phone that he'd look into possible missed royalties for songs written in the past, but that he wouldn't expect any compensation for future recorded songs. Is this a legally binding agreement, even though it was done over the phone. Are verbal agreements between an attorney and his prospective client binding under California law?


Asked on 7/22/10, 5:04 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

An attorney is supposed to have a written fee agreement with a client whenever the billings can reasonably be anticipated to exceed $1,000. That's for the client's benefit. A client should be able to rely upon and enforce an oral agreement against his or her attorney so long as the oral agreement was sufficiently definite and certain to amount to a contract. There are other provisions of law for protection of clients. Try contacting the California Bar Association if you have a grievance.

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Answered on 7/22/10, 10:36 pm
Kevin B. Murphy Franchise Foundations, APC

In addition to the other attorney answer, you should send a confirming letter or email to the attorney, outlining what was discussed and agreed on. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/23/10, 8:58 am


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