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Attorneys Fees Applications Open Article in Another Window
May 1999
A demand to or from opposing counsel to pay legal fees will usually be made under: (1) a contract provision authorizing the award of fees, (2) a state or federal statute authorizing fee awards in the specific action, (3) an equitable theory such as t
General Credit
1. The bills can always stand on their own to explain what was done.  True  False
2. The size of the law firm is a factor to be considered when setting hourly rates.  True  False
3. It is hardly worth the trouble to use a chart on a fee application.  True  False
4. Relevant rates are those charged in the area where the trial court is located.  True  False
5. The number of hours your opponent billed is not important.  True  False
6. The amount of the damages awarded is important.  True  False
7. The opponent to a fee application has the burden of proving the correct market rates.  True  False
8. Requesting too high or too low an hourly rate is often focus of the hearing on an application for fees.  True  False
9. The "prevailing market rate" is whatever you usually charge.  True  False
10. A court may award fees based on whether time was reasonably spent.  True  False
11. Handwritten time records are useful exhibits.  True  False
12. There is no risk in asking for whatever amount you want to ask for.  True  False
13. The applicant must carry the burden of proof on a fee application.  True  False
14. Bills do not need to be specific because there is a trusting relationship.  True  False
15. It is sometimes possible to make a successful fee request with minimal documentation.  True  False
16. It is crucial to demonstrate all the factors in California Rules of Professional Conduct 4-200.  True  False
17. Courts are bound by the amount of a contingency fee contract.  True  False
18. Some courts require that fees be "reasonably spent."  True  False
19. Both the requestor and the opposition should quantify the amounts of "reasonable fees."  True  False
20. A court can reduce or deny the amount requested for fees.  True  False