Wednesday, October 01, 2014

Hernandez v. Siegel (Cal. Ct. App. - Sept. 30, 2014)

When the defendant delays paying a judgment, and accordingly must pay postjudgment interest, a portion of which is interest on the (six-figure) fee award, who gets the interest:  the attorney or the client?

The Court of Appeal correctly holds that it's the attorney.

The analysis could be even shorter.  The attorney is entitled to the res (i.e., the fee award).  So he is entitled to the appreciation or other increase in value of the res.

End of story.