It's a neat trick. But it doesn't work.
Party A files a lawsuit against Party B -- both A and B are law firms -- and Party B wins an anti-SLAPP motion dismissing the lawsuit. Party A files an untimely appeal and Party B prevails.
Party B then moves for $33,000 in attorney's fees on appeal. Party B knows that if it defends itself (remember: B is a law firm), it won't be entitled to fees. That's the rule. So Party B "hires" someone to defend it; namely, an associate at B. B promises the associate that she'll get the fees if she wins. That way B's lawyer is an "outside" entity, and B allegedly isn't defending itself.
The trial court says: "No dice." The Court of Appeal agrees.
The lesson being: Hire a true outside lawyer to defend you on a contingency. That way you'll get paid.
P.S. - For a little flavor: Party A is "Personal Injury Solutions, Inc.," a law firm that apparently recently changed its name to "Adult Entertainment Law, Inc." Hopefully that reflects a change in the law firm's specialty. (You'll be shocked to find out where the lawyer in charge of that firm -- Paul J. Cohen -- does business. Van Nuys. Whodathunk?"
