The judge’s order just came in, and the verdict is in your favor. Great news!
Now your attorney can close the file and everyone can go home happy. Right? Well, in some cases, your lawyer is in for another protracted series of briefs, accounting, and waiting with bated breath for another order to come down. Will they receive 50% of the fees they requested? Less? More? Attorney fee litigation is a behind-the-scenes stressor for litigation attorneys across this country.
The traditional “American rule” generally results in each side paying its own attorneys’ fees. But when a statute or contract calls for the losing party to pay the victor’s fees, or in certain cases where a party has had to defend a meritless claim, the attorney requesting fees must submit an application to the court for the fees it earned litigating the case. In federal court, those fees can easily reach 6-figure sums. It is then up to the judge to decide how much of the fee application it is just to make the opposing party pay. A publication from the Federal Judicial Center provides an outline of the issues faced by judges in deciding how much to award in attorney fees.
Goosmann Law Firm provides effective, cost-efficient legal services. Call us today at 712-226-4000 if you have litigation needs. Any one of our Sioux City attorneys, Sioux Falls attorneys, or Omaha attorneys would be happy to help you with your legal needs. For more content like this, visit our Trial Law Review today!