SETTLING CASES WITH AGREEMENT TO SUBMIT FOR FEES

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SETTLING CASES WITH AGREEMENT TO SUBMIT FOR FEES

Postby Administrator » Sun Dec 04, 2005 11:46 am

If you settle client's damage claims and agree with defendant to submit your fees and costs to the court for award, then you must have a stipulation in writing and a motion to enter an order showing that you are the "prevailing party" entitling you to your fees/costs, either by statute or via the agreement.

Be very careful when doing this.

Many times, this approach has not been fruitful.

Here, although counsel were careful to be deemed prevailing party and having settled the client's claims [with approval] for a set amount, with fees/costs to be dealt wit separately, the courts here hammered counsels on fees/costs:

Solomon v. Onyx Acceptance Corp.,
222 F.R.D. 418, C.D.Cal., Jun 14, 2004

Acton v. Bank One Corp.,
D.Ariz. 2004 [unreported Order]

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