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Law Practice

Jan. 7, 2022

Early evaluation can help quickly resolve your fee disputes

In my experience, few large multimillion-dollar fee disputes ever reach trial or arbitration hearing. They settle, like the vast majority of all civil actions do. Many settle before fee expert depositions are even taken. But fact discovery on the issue of fee reasonableness still happens, and fact discovery in large fee disputes can sometimes run into six figures in fees for both sides.

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.

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Attorney fees disputes rank among the nastiest types of litigation. In my 30 years of experience as a testifying fee expert, I have repeatedly seen attorneys and law firms become indignant when their billed fees are challenged in a lawsuit or arbitration, while clients, insurers and other bill payers express outrage at the size of the billed fees. When the fees in dispute reach seven figures or higher, it becomes even worse.

Yet, in my expe...

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