Case Brief
Background, issue and holding.
Background
BGJ Associates v. Wilson involved an oral joint venture connected to the purchase of real property. An attorney who had represented a client in an easement dispute entered the venture with that client and another participant. The later dispute raised the professional-responsibility rules governing business transactions between lawyers and clients.
The professional-responsibility issue
California’s rules required written disclosure of the transaction’s terms, written advice that the client seek independent counsel, and written client consent. The trial court found those safeguards had not been satisfied and also found that the circumstances amounted to undue influence.
The court’s holding
The Court of Appeal affirmed the result, explaining that the transaction was voidable by the client. The decision emphasized that the required disclosures and consent protections are substantive safeguards when a lawyer enters a business transaction with a client.
Philip Kaufler’s role
The published opinion identifies the Law Offices of Philip Kaufler and Philip Kaufler among counsel for the defendants/appellants. The public opinion is linked from this record.
This case brief is provided for readability and general information. Follow the public opinion and related source links for the complete judicial record.