As You Sow Accuses Chanler of Overbilling– by Dennis Pfaff at Prop. 65 News

Posted: 03/01/1999  browse the blog archive

Excerpted from the full length article at Prop. 65 News:

As You Sow, one of the earliest and most prolific plaintiff groups pursuing cases under Proposition 65, has sued its longtime attorney, Clifford Chanler, for allegedly inflating his bills and misappropriating confidential information for his own use.

The lawsuit centers on approximately $6 million in fees and costs Chanler purportedly received from lawsuits filed on the organization’s behalf over a six-year period...

...Chanler, through a spokesman, immediately denied any wrongdoing and accused the San Francisco group of sour grapes” because Chanler has moved on and is now successfully representing other clients. “There is no basis for their complaint,” said spokesman Gary Pike.

Lawrence Fahn, As You Sow’s executive director, said the litigation comes at the end of eight months of “strenuous efforts to try to resolve the differences” short of a lawsuit. He suggested a key problem involved the lack of time sheets and cost records. “Any substantiation in terms of those fees and costs has just been refused,” Fahn said.

The lawsuit, As You Sow v. Chanler, says Chanler retained more than $6.4 million in fees, plus nearly $500,000 in costs, equal to 85 percent of the $8.2 million the lawsuits generated for As You Sow over the past six years.

Two other attorneys who have worked with Chanler and a man the lawsuit identifies as an investigator for Chanler were also named as defendants.

Chanler’s 1992 fee agreement with the group, the lawsuit said, had provided for him to be paid an hourly rate, contingent on the recovery of enough money from Proposition 65 lawsuits to pay the fees...

...Pike and Chanler had, in fact, supplied the organization with time and billing documentation over the years but that the group had not always requested the information. However, he said As You Sow had the ultimate authority to approve the settlements.

“If AYS had any question, they never should have signed the settlement agreements,” Pike said. “If they had any questions, they never should have approved them.” link to source.