Musaelian v. Adams

In Musaelian v. Adams (2009) 45 Cal.4th 512, the Court addressed whether an attorney who represents himself in responding to an improperly filed lawsuit or other improper filing under Code of Civil Procedure section 128.7 is entitled to attorney fees under that statute. The Court held that Section 128.7 does not permit attorney fees to self-represented attorneys. (Id. at p. 520.) The Court distinguished cases where courts have awarded attorney fees when an attorney-client relationship existed. In those cases, "the attorney performed services on behalf of the client, and the attorney's right to fees grew out of the attorney-client relationship." (Ibid.) In Musaelian, the attorney prosecuting the case represented his own personal interests. In such cases, the Supreme Court held the attorney is not entitled to attorney fees. (Ibid.)