Representative Matters

Expert consultation services to the Los Angeles Superior Court Court regarding a $4 million plus fee applications filed by receiver and counsel in Court-supervised receivership, resulting in a final fee award based upon Mr. Mark’s report.

Expert testimony on behalf of client in connection with $9 million fee claim by attorneys arising out of multiple underlying litigation matters resulting in arbitration panel voiding the attorney’s fee contract as illegal and after which retaining counsel reported: “Mr. Mark is the smartest ethics expert in California.”

Expert testimony in jury trial in New Jersey on behalf of plaintiff attorneys adverse to former partners regarding ethical considerations surrounding law firm dissolution, following which the matter settled confidentially on terms plaintiff’s counsel described as “favorable to plaintiffs.”

Expert testimony in an arbitration proceeding in Geneva, Switzerland on
behalf of a client regarding California law relative to attorneys’ fees and related ethical issues in connection with a fee dispute arising from an underlying litigation involving a United States’-based international law firm. Following submission of the expert declaration, opposing counsel withdrew their expert and the expert declaration was accepted by the Panel as binding in the case. Said retaining counsel: “[Mr. Mark] truly is an ethics guru.”

Expert witness services in connection with dispute between successive attorneys over multi-million-dollar contingent fee recovery, resulting in favorable recovery to attorney’s retaining Mr. Mark.

Expert testimony regarding ethical issues surrounding defendant law firm’s receipt and possession of money claimed by plaintiff co-counsel, following which the matter settled on confidential terms and as to which counsel stated: “I really do appreciate all your time and effort and please let me know if you ever need a reference.”

Expert testimony on behalf of law firm against former client with respect to malpractice claims asserted against the firm in cross-complaint arising out of action by the firm to recover fees, following which the jury awarded 100% of the reasonable value of the fees claimed and a defense verdict on the client’s malpractice claim, and as to which counsel stated: “You make a tremendous witness – knowledgeable, candid, articulate and insightful” and a number of jurors commented in post-trial interviews about the importance of the expert testimony in reaching their verdicts.

Expert testimony on behalf of attorneys regarding ethics and
attorneys’fees issues arising from underlying trust and property development dispute, after which counsel stated: “Your testimony resonated well with the Panel.” Following a recovery by the attorney of 100% of the disputed fee, counsel stated: “[Mr. Mark’s] efforts bore fruit!”

Expert consultation in connection with settlement negotiations in mandatory fee arbitration proceeding on behalf of a client adverse to former counsel, which resulted in a settlement described as “extremely favorable” to client.

Expert consultation on behalf of an advertiser in opposition to an attorney’s claim for refund of fees charged in connection with attorney’s tele-marketing campaign, resulting in attorney abandoning the claim.

Expert consultation to a law firm in re-negotiating a fee agreement with a client in connection with a multi-million-dollar real estate development and related litigation, including contingent and hourly fee components, security against client property and a success bonus, resulting in a successful and ethically modified agreement accepted by both attorney and client.

Expert testimony on behalf of attorney regarding the
reasonableness of attorneys’fees provided in connection with the defense of a corporate employee, as to which the trial court found the expert testimony to be “credible” and awarded $1.2 million in attorneys’ fees and as to which, after the award was upheld on appeal, the attorney stated: “We thank you very much for your excellent service on this case both in your testimony, deposition, and all of your other work.”

Expert testimony in opposition to a fee application submitted in a probate proceeding, after which counsel reported that the case settled on terms described as “favorable.”

Expert testimony in support of a fee claim by successful counsel in underlying qui tam action in the United States District Court in Florida.  Arbitration testimony was cited favorably by the Panel in awarding most of the fees being claimed.

Expert testimony by declaration in an action pending in Florida in support of a timeshare exit company filed by timeshare developer including claims of unlawful practice of law and fraud.  The matter thereafter was reported as settled on a confidential basis that retaining counsel characterized as “successful.”

Consulting services to attorney regarding ethical requirements for withdrawal from representation of client in a contingent fee personal injury matter.  Retaining counsel reported that withdraw was granted per the motion the attorney based upon the input from the consultation.

Expert witness services and testimony on behalf of a client adverse to a former attorney regarding ethical and billing issues in a dispute over the conduct of attorney during prior representation in business matter, after which retaining counsel stated:  “It was an absolute pleasure working with you.”

Expert testimony by declaration provided overnight regarding an alleged conflict of interest due to revelation during a jury trial that adverse counsel was representing both the plaintiff and one of defendant’s employee as witness during trial.  The trial court disqualified opposing counsel based upon the declaration, and a mistrial was declared.  Said retaining counsel:  “Your Declaration was instrumental in the Court ordering disqualification.”