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Spruance v. Thomas11/13/2002
igned the second "referral fee authorization" limiting Spruance to a total referral fee of $100,000, there is no triable issue of material fact precluding judgment in favor of Spruance on the contract claim. Having initially consented to D&T;s agreement to pay a 15 percent referral fee to Spruance, Dircks could not revoke that consent.
As the Court of Appeal explained in Margolin v. Shemaria, supra, 85 Cal.App.4th at page 903, rule 2-200's requirement of informed written consent by the client "ensures that the client will not later claim there was no consent." This protection afforded the referring lawyer by the client's written authorization, recognized in Margolin, would be meaningless if the client retained the right to revoke that consent: There would be no need to "claim there was no consent"; the consent would simply be withdrawn whenever the lawyer to whom the case had been referred convinced the client to do so (thereby capturing all the fees for himself or herself).
Recognition of Dircks's subsequent revocation of his consent to payment of a referral fee after the referral had in fact been made, moreover, would be tantamount to permitting an offer to enter into a unilateral contract to be revoked after performance by the offeree. California law has never permitted such an inequitable result, even when performance was only partially complete. (E.g., Aronowicz v. Nalley's, Inc. (1972) 30 Cal.App.3d 27, 43 & fn. 14; Edgar Rice Burroughs, Inc. v. Commodore Productions & Artists Inc. (1959) 167 Cal.App.2d 463, 469.) In this case, Spruance fully performed the requested act -- referring Dircks to D&T;for representation in Dircks's personal injury case. The trial court correctly held that Spruance was entitled to judgment on his breach of contract cause of action as a matter of law.
DISPOSITION
The judgment is affirmed. Spruance is to recover his costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
JOHNSON, Acting P. J.
WOODS, J.
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