Emeziem & Others v. Mark Unger
The court held that an attorney terminated by trust beneficiaries may not recover a contingency fee by suing the successor trustee,.
Date Filed: August 27, 2025
Case Name: Emeziem & Others v. Mark Unger
Case Number: A170497
Court: California Court of Appeal, First Appellate District, Division Four
The Court holds that an attorney who was terminated by trust beneficiaries cannot recover a contingency fee by suing the successor trustee, the trustee’s counsel, or the counsel’s law firm; the demurrer to the complaint is sustained because the fee agreement creates no enforceable lien on the trust assets and the plaintiff fails to state a claim for intentional interference, conversion, or money‑had‑and‑received. The decision underscores that, in California probate practice, an attorney’s right to fees must be pursued directly against the former clients or through the statutory mechanisms of Probate Code §§ 15301‑15306.5, and that third parties who are not parties to the attorney‑client relationship are not liable for the attorney’s fees.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.