Lawsuit Against a Lawyer for Not Protecting Client's Interests During Contract Negotiations

In Major Clients Agency v. Diemer (1998) 67 Cal. App. 4th 1116 [79 Cal. Rptr. 2d 613], a writer-producer, represented by both his agent and his lawyer, negotiated a contract with a television company. For a one-year period, the agent was entitled to a commission on the money earned by the client under the contract. Before expiration of the one-year period, the television company terminated the writer. The client sued the television company, then settled the case for less than the full amount due under the contract. The agent then sued the lawyer for indemnity, alleging that the lawyer had failed to adequately protect the client's interests during contract negotiations, which caused a diminution of the agent's commission. We affirmed an order dismissing the action, finding it irrelevant that these parties were not in precisely the same position as the parties in the reported cases. (Id. at p. 1124.)