Sentences with phrase «of reasonableness of fees»

Posted at 12:38 PM in Cases: Substantiation of Reasonableness of Fees, Rates Permalink Comments (0) TrackBack (0)

The factors relevant to an evaluation of the reasonableness of fees charged by a solicitor are well established.

(See posts under our Home Page category, «Substantiation of Reasonableness of Fees.»)

SUBSTANTIATION OF REASONABLENESS OF FEES — L.A. County Bd.

Posted at 10:01 AM in Cases: Laffey Matrix, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees Permalink Comments (0)

Not exact matches

Wrap fees add an additional layer of fees a plan fiduciary must consider when evaluating an insurance company's fees for reasonableness — Directly invoiced fees and revenue sharing payments made by the underlying mutual funds may still apply.

Many recently announced fee - based variable annuity products have sought to lower overall fees and penalties that clients may be held responsible for, developing features that can make the product more valuable to the client (also providing justification for the reasonableness of the fee).

Because non-fiduciary advisors are free to recommend over-priced investments under the suitability standard, 401 (k) plan sponsors must independently evaluate their recommendations for fee reasonableness and conflicts of interest.

In the wake of the Department of Labor's requirement in 2012 to disclose plan - level and investment - level fees, investment managers have increasingly begun developing solutions to help plan sponsors, advisers and participants better understand fiduciary duties and evaluate fee reasonableness.

68, 70 — 71 of the Legal Profession Act, S.B.C. 1998, c. 9, of an appropriate fee, and review of the fairness and reasonableness of the arrangement.

It is within the court's discretion to test the reasonableness of the quantum of a lump sum fee by looking at the result as a multiplier» (para. 72).

Moreover, if I were representing the defendants in this matter, I wouldn't be touting the Appellate Division's decision to set the reasonableness of the fee agreement as a victory.

The District Court denied Kirtsaeng's motion, giving» «substantial weight» to the «objective reasonableness» of Wiley's infringement claim,» and stating that» «the imposition of a fee award against a copyright holder with an objectively reasonable» - although unsuccessful - «litigation position will generally not promote the purposes of the Copyright Act,»» and that no other factors «outweighed» that objective reasonableness to warrant fee - shifting.

It noted that Kirtsaeng «raised serious questions about how fee - shifting actually operates in the Second Circuit,» recognizing that «the Court of Appeals» framing of the inquiry resembles» the inquiry framed by the Court, but that the «Court of Appeals» language at times suggests that a finding of reasonableness raises a presumption against granting fees.»

This suggests that cases examining applications for attorney's fees in patent cases may also follow the Court's decision in Kirtsaeng and place special importance on the objective reasonableness of a losing party's litigation position.

The Arizona Court of Appeals in the Myrick v. Maloney case provided a good discussion from the court of appeals regarding a judge's discretion to balance both factors (reasonableness and disparity in financial resources) to award or decline an award of attorneys fees.

The Court held that the objective reasonableness of a losing party's position should be given «substantial weight» — but not necessarily control — the outcome of a fee petition.

That brought the appellate panel to the reasonableness of the fee award.

The AmLaw Daily reports today that an insurance company has sought to compel arbitration against a prominent Los Angeles based firm over the reasonableness of its fees handling a toxic tort matter.

As far as reasonableness of fees, the trial judge did discount for duplicative work between the two attorneys» SLAPP motions, including a substantial reduction for attorney # 2's fees — inefficiency / duplicative efforts were indeed factored into the ultimate awards.

The Court's emphasis on «reasonableness» in Kirtsaeng is a warning to parties to carefully consider the strength of their legal theories before filing — as unfounded or frivolous claims may lead to fee shifting.

Feb. 29, 2016)-- authored by Acting Presiding Justice Robie; discussed in our Mar. 1, 2016 post: 70 % across - the - board fee reduction by trial judge from fee request reversed because such a broad brush decrease required a more nuanced approach and more specific explanation of the reduction; trial judge allowed to «cross check» reasonableness of prevailing party's fee request based on the fees expended by the opposing party in proper situations.

The importer appealed to the Supreme Court, which held that in copyright cases the «objective reasonableness» of the losing party's legal position carries «substantial weight» in deciding whether to grant attorneys» fees to the winning party — but that factor alone is not dispositive: a party's litigation misconduct or «repeated» infringement or «overaggressive» enforcement of claims could also justify a fee award even if a party's legal argument was reasonable.

But in fact, forcing Merck to reveal what it's paid is perhaps the most relevant piece of information in assessing the reasonableness of fees.

«For satellite dish installation permission — # 500 plus surveyor's fee for inspecting channels» CLRA 2002, Sch 11 gave tenants the right to challenge the liability to pay and reasonableness of an administration charge — for example, for consent to installation of a satellite dish or carrying out of building works, on providing information or documents or in respect of a failure to make payment under the lease — at a LVT and, ahead of service charges, obligated the landlord to serve, with a demand for the payment of the charge, a summary of the tenant's rights and obligations.

In a recent matter in California, an attorney avoided charges for the reasonableness of his fees by having solid time records which were reviewed in camera by the trial court.

But does the presumption of reasonableness change where (a) the recommended guidelines for fees are 5 percent, (b) the risk of nonrecovery is minimal, (c) many attorneys handled the matter on a pro bono basis and (d) the claims relate to compensation from the 9/11 fund?

Areas of expert consultation, formal opinions, and testimony include reasonableness of fiduciary and attorney fees, standards for fiduciary conduct, spousal elective share issues, and characterization of trust beneficial interests in dissolution of marriage cases.

Such an interpretation would effectively gut any realistic opportunity for the client to ever challenge a bill,» wrote Appeal Court Justice Jamie Saunders, noting that clients are often unable to assess the reasonableness of a lawyer's fees until consulting with other lawyers or people receiving similar services.

2 Despite that our current contingent fee system requires after - the - fact assessment for fairness and reasonableness and the relative vulnerability of clients, some still argue that any reform should be on the basis on caveat emptor.

The lawyer in this case had plenty of other issues, but every law student knows it takes more than a time sheet to determine the reasonableness of a lawyer's fee.

If a statute allows for tribunal costs, a regime of fixed tribunal fees in advance has significant merits over a regime that allows — and effectively requires — a losing respondent to dredge through the actual reimbursable disbursements of panellists, for example, to ensure reasonableness.

Next, the Court looked at the reasonableness of the fee award, noting discussion first the lodestar method of calculation:

Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting claim for finder's fee in respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief against controller of corporation), REC v Thames Water (test for grant of interlocutory injunction in field of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission of share distribution agreements), and Marubeni Corporation v Government of Mongolia (claim on state guarantee)

3d 121 (Fla. 2d DCA 2012), the 2nd DCA cautioned that even when charging a flat fee, counsel can not establish the reasonableness of its fees without satisfying the requirements of Florida Patient's Compensation Fund v. Rowe, 472 So.

Judge Posner responded that «the reasonableness of a fee can not be assessed in isolation from what it buys.»

Issuers, in a highly competitive environment, attest to the quality of our service and the reasonableness of our counsel fees by returning to Robinson + Cole for their municipal finance and bond counsel needs.

Whether charging a flat fee or hourly fee, lawyers need to be aware that they have the same obligation to justify the reasonableness of their fees.

Just as salient, ex-client suffered real prejudice from the amendment: client had to meet much different claims, had no ability to obtain discovery on the different claims (especially about the reasonableness of a much larger fee request), and had no ability to perform legal research on the validity of the retainer provision being relied upon in the amendment.

The reasonableness of the Contingency Fee Agreement can be disputed.

That will help the court later determine the reasonableness of your fee shifting request at the back end.

Similarly, under a statute which allowed for bylaws concerning «all or part of the costs of the disciplinary proceeding,» and although regulations provided for a licensee to pay «all or part of the costs of the disciplinary hearing, including (i) per day fees for members of the Discipline Committee, (ii) counsel fees, (iii) reporter fees, (iv) facility charges, and other charges associated with the hearing», a court found such award to be subject to the same reasonableness standard of review as is the rest of the substantive disciplinary decision.

Regulatory bodies should be aware, however, that where legal costs are recoverable on an indemnity basis, unless they have fixed some sort of per diem rate with respect to legal fees, a respondent may be entitled to review the legal bills in order to ensure reasonableness.

Otherwise, the sum of fees paid to you for fighting over the reasonableness of time expended plus the amount awarded could substantially exceed the original request.

Our clients include major corporations, government agencies, law firms, insurance companies, and anyone else who pays substantial legal fees, needs to examine the reasonableness of fees, or wishes to analyze litigation issues.

Our attorney fee experts are judicially qualified experts who provide expert testimony and reports on the reasonableness of attorney fees and expenses in underlying cases.

NALFA attorney fee experts can assist judges in determining the reasonableness of attorney fees through expert forensic analysis and testimony.

Citing Mardirossian & Associates, Inc. v. Ersoff, 153 Cal.App.4 th 257, 272 (2007), the Fourth District in Farina set forth the nonexhaustive factors for evaluating the reasonableness of attorney's fees for purposes of quantum meruit recovery: (1) the nature of the litigation; (2) the difficulty of the litigation; (3) the amount involved; (4) the skilled required in its handling; (5) the actual skill employed; (6) the attention given; (7) the success or failure of the attorney's efforts; and (8) the attorney's skill and learning, including his / her age and experience in the particular type of work demanded.

Posted at 10:34 PM in Cases: Quantum Meruit, Cases: Reasonableness of Fees Permalink Comments (0) TrackBack (0)

Fee - sharing with lawyer referral services (including for - profit providers) with appropriate disclosure to clients and continued requirements for the reasonableness of the overall fee; Fee - sharing with lawyer referral services (including for - profit providers) with appropriate disclosure to clients and continued requirements for the reasonableness of the overall fee; fee; and