From our private database of 26,900+ case briefs...
Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court
California Supreme Court
949 P.2d 1 (Cal. 1998), cert. denied, 525 U.S. 920 (1998)
The New York based law firm of Birbrower, Montalbano, Condon & Frank, P.C. (Birbrower) (plaintiff) entered into a fee agreement with ESQ, a corporation based in California. The fee agreement related to a dispute between ESQ and another company headquartered in California. The fee agreement declared that it should be governed by the laws of California. Birbrower was not licensed to practice law in the state of California. Birbrower performed some work under the agreement from the firm’s New York office. However, the bulk of the work involved lawyers with Birbrower traveling to California for meetings, negotiations, and preparation for private arbitration proceedings. After the relationship between Birbrower and ESQ broke down, ESQ sued Birbrower for malpractice, alleging that Birbrower had engaged in the unauthorized practice of law. Birbrower counterclaimed to enforce its fee agreement. The California superior court held the fee agreement unenforceable on the ground that Birbrower had participated in the unauthorized practice of law. Birbrower appealed, and the state appellate court upheld the superior court decision. Birbrower petitioned the Supreme Court of California for review.
Rule of Law
Holding and Reasoning (Chin, J.)
Dissent (Kennard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.