Attorneys Fees Applications
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
HOW TO RECEIVE ONE HOUR OF MCLE CREDIT
Answer the test questions above, choosing the one best answer
to each question. For timely processing, print or type your
name/address/bar number below. Mail this page and a $35 check made payable to CALIFORNIA LAWYER to:

 California Lawyer/MCLE
P.O. Box 54026
Los Angeles, CA 90054-0026
name (required)


bar number (required)


law firm, company, or organization


address


city, state, zip


date (required)


practice area


phone


email


please check here if this is a new address


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