Personal Injury Law

Lawyer Sanctioned in Fee Dispute

By John A. Day

Keeping contemporaneous time records in cases where fee-shifting is allowed just makes sense.  Not keeping such records does not make sense.  And, if the allegations against one attorney are correct, a lack of candor about whether such records were kept can cause  a big, expensive mess.

Result?  A forfeiture of a fee claim of $2,000,000 and a sanction of $25,000. 

Plaintiff's lawyers don't like to keep up with time.  Admittedly, it is a pain in rear to do so.  But the fact of the matter is that the amount of time spent in a case is a relevant - not determinative - but relevant factor in determining the the reasonableness of a fee in a fee-shifting case and  the lack of contemporaneous time records in such cases is always going to cost you money.

Full post as published by Day on Torts on March 24, 2009 (boomark / email).