Law Practice
Apr. 15, 2017
Some fee fights simply mean more litigation
Defense arguments that ask a judge to disallow the majority of a winning plaintiff's claimed fees often fly in the face of reality..
Ken Moscaret
Ken Moscaret, a former business litigator with trial experience, is a 33-year expert on attorney fee reasonableness and litigation management in high-stakes fee cases.
From time to time, the legal media reports on a court-ordered attorney fees award which creates frustration among defense firms. Usually it involves a plaintiff's attorney (for example, in a civil rights case) receiving a large post-trial fee award after a jury awarded only a very small amount of damages at trial, even as little as $1 in nominal damages. The defense bar may be quick to wonder, "how can that fee award be justified?" In their initial reaction, the defense bar may not realize...
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