Lawyer’s Big Pay Day in Domestic Split Prompts Appeal

actions and a so-called “Marvin” case. The latter earned its name from former movie star Lee Marvin, whose live-in girlfriend famously sued him for part of his income even though the couple never got married.

She didn’t win, but the state Supreme Court acknowledged that California law honors contracts made outside of marriage. Marvin v. Marvin, 18 Cal. 3d 660.

San Francisco-based family lawyer Mindy L. Ross said Marvin lawsuits are rarely tried because agreements made prior to nuptials are hard to prove.

“It’s often a case of he said, she said. They’re hard cases to win,” said Ross, of Winter & Ross.

Navabeh Borman won a settlement valued at $26 million in assets, including a sculpture by the artist Donald Judd and shared ownership of a Malibu home that she said Burton promised her before they married. Chodos argued the case was “virtually unwinnable.”

“He had a very difficult case and took a risk on it,” said Philip Kaufler, a Beverly Hills-based lawyer who represents Chodos in the fee dispute. “He got her a jackpot result and then she refused to pay him.”

Several lawyers said they had not heard of a multiplier used in dissolution cases. But, they said, Chodos might deserve the enhancement if he successfully convinced a jury that his work was primarily in the Marvin action.

Still, Ross called the multiplier “nonsensical and likely fraught with potential problems.” The award could encourage other lawyers to not get written agreements in similar cases, she said. The value of Chodos’ services should also be set solely by his $1,000 rate, she added.

“Our hourly rate should already subsume our years of experience, stature among our professional colleagues and our success rate,” Ross said.

saul_sugarman@dailyjournal.com