Dietz v. Meisenheimer & Herron, No. D052463
In an attorney-plaintiff's case against a law firm for breach of contract to pay contingent fee for referring a client and related claims, trial court's judgment in favor of plaintiff is affirmed as defendant's right to due process was not violated by the trial court's refusal to dismiss the action on the ground that defendant could not present a defense without violating ethical duties it owed to a client to preserve confidentiality. Furthermore, defendant forfeited its contention that plaintiff's claims are barred as a matter of law because defendant has not demonstrated that it preserved in the trial court any of its arguments in support of this contention.
Filed September 17, 2009
Opinion by Judge Aaron
For Appellant: Stephen M. Hogan
For Appelle: Geraci Lopez, and Stephen F. Lopez