1 Genevieve Hébert Fajardo, Clinical Professor St. Mary s Law School Homecoming CLE, March 21, 2014
2 Part I: Fee Agreements Today s Takeaway on Fee Agreements: You are CRAZY and RECKLESS if you do not have a fee agreement for every client and every matter Required in contingent fee agreements Fee cannot be illegal or unconscionable Obvious point, but we ll discuss what is a reasonable fee
3 Resources for Sample Fee Agreements Texas Young Lawyers Association: Office in a Flash Dorsaneo, Texas Litigation Guide Chapter 3: Professional Responsibility Chapter 22: Attorney s Fees The Practice of Consumer Law: Seeking Economic Justice (National Consumer Law Center 2d Ed.) Appx. A: Client Retainer Forms and Co-Counseling Agreement (for family law) Berger, Mitchell, Clark, Pretrial Advocacy, chapter 4 (3d ed. 2010)
4 Elements of the Fee Agreement Identifies client Individual? Organization? Couple? Identifies subject of legal representation We will file a breach of contract claim against Krappe Konstruction, Inc. for their failure to complete your backyard deck at 124 Toledo St., San Antonio, TX Include limitations, such as appeals, later modifications, etc. Explicitly makes no guarantees We will use our best efforts to represent you, but we cannot guarantee any results. We will try to recover attorney fees from the other party, but you will not necessarily receive 100% of your fees in return.
5 Elements of the Fee Agreement Describes Fee Structure Hourly, Flat Fee, Contingency, Pro Bono Describes Expenses You will be responsible for all out-of-pocket expenses incurred in connection with my representation. These expenses include charges for filing and serving court documents, courier or messenger services, travel expenses etc. Describes Billing Practices Monthly is typical
6 Elements of the Fee Agreement Covers Withdrawal and Termination Rights Describes Bar Complaint Procedure Required by State Bar: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more information, please call This is a toll-free call. Signed by Client and Attorney
7 Part II: Bases for Attorney Fee Recovery American Rule: Parties pay their own fees Attorney fees not recoverable absent contractual or statutory authority Texas follows American Rule: only way to recover fees: Statute (most common) Contract Declaratory Judgment Act Equity (often covered separately) Discovery sanctions, family law, worker s compensation
8 Recovery by Statute: Fee-Shifting Fee-Shifting Statutes: In Texas, over 150 fee-shifting statutes, including: Landlord tenant DTPA Farm mutual insurance company vs. policyholder Whistleblower actions Fraudulent transfer Resources: Complete list of attorney fee-shifting statutes: Dorsaneo s, Texas Litigation Guide O Connors CPRC Plus at 901 (2011)
9 Recovery by Statute: CPRC Ch. 38 CPRC A person may recover reasonable attorney s fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for: (1) rendered services; (2) performed labor; (3) furnished material; (4) freight or express overcharges; (5) lost or damaged freight or express; (6) killed or injured stock; (7) a sworn account; or (8) an oral or written contract.
10 Recovery by Statute: CPRC Ch. 38 CPRC : To recover attorney's fees under this chapter: (1) the claimant must be represented by an attorney; (2) the claimant must present the claim to the opposing party or to a duly authorized agent of the opposing party; and (3) payment for the just amount owed must not have been tendered before the expiration of the 30th day after the claim is presented.
11 Recovery by Statute: CPRC Ch. 38 CPRC presentment requirement in plain language: Before suit (at latest, 30 days before judgment), send specific money claim to opposing party Be clear and specific about amounts Pleading should include language that claim was made and defendant failed to pay within 30 days Sample language for demand letter and pleading in Dorsaneo s, Texas Litigation Guide, and Putting your claim in a pleading is not enough!
12 Recovery by Contract Look carefully at provisions in contract that provide for attorney fees May cover prevailing party Note: CPRC only applies to the person who is making the claim, not the person defending it.
13 Recovery by Equity Less common in practice Common fund doctrine (ex. Class action or shareholder derivative suit) Claimant maintained suit at her own expense The suit benefitted others The suit created a fund from which attorney s fees can be paid
14 Recovery by Declaratory Judgment Act Discretionary Court may award fees Reasonable and Necessary Equitable and Just Abuse of Discretion Standard See e.g., Bocquet v. Herring, 972 S.W. 2d 19, 21 (Tex. 1998) Note: don t try to get cute with the pleadings can t just throw in declaratory judgment so you can ask for attorney fees.
15 Part III: Proving Up Legal Fees Pattern Jury Charge What is a reasonable fee for the necessary services of Paula Payne s attorney, stated in dollars and cents? Answer with an amount for each of the following: A. For representation in the trial court. Answer: B. For representation through appeal to the court of appeals. Answer: C. For representation at the petition for review stage in the Supreme Court of Texas. Answer: D: For representation at the merits briefing stage in the Supreme Court of Texas. Answer: E: For representation through oral argument and the completion of proceedings in the Supreme Court of Texas. Answer:
16 Proving Up Legal Fees 3 Ways By affidavit By judicial notice By testimony
17 Proving Up Legal Fees 3 Ways By affidavit Usually in summary judgment or discovery motions Affidavit must cover similar factors as expert testimony (see discussion below), including: Amount of hours worked Services performed Necessity of services Billing rate (swear that it is reasonable and customary) Reasonableness of fees
18 Proving Up Legal Fees 3 Ways By judicial notice CPRC : The court may take judicial notice of the usual and customary attorney s fees and of the contents of the case file without receiving further evidence in: (1) a proceeding before the court; or (2) a jury case in which the amount of attorney s fees is submitted to the court by agreement. Stipulations acceptable: parties may stipulate to reasonable fee
19 Proving Up Legal Fees by Testimony By testimony (also applies to affidavits) Pre-trial Tips: think about attorney fee testimony from day one In response to requests for disclosure and other discovery about experts, identify all witnesses (including you!) who may be called to testify at trial. Keep careful time records, because redacted timesheets may be introduced to prove reasonable amount of fees. Think about whether an independent expert should be retained.
20 Proving Up Legal Fees by Testimony: Qualifying an Expert Initial qualifications / foundation: Licensed to practice law Formal and legal education Geographic areas of practice Current job title and firm name Any Bar certifications as specialist Extracurriculars: participation in bar organizations, legal articles written, speaking engagements Substantial experience with this type of litigation
21 Proving Up Legal Fees by Testimony: Qualifying an Expert Foundation to testify about this case: Familiar with this case Familiar with claims and defenses asserted Description of how became familiar with case Familiar with hourly rates charged by lawyers in this area for this type of litigation Familiar with the tasks involved Familiar with the tasks actually performed
22 Proving Up Legal Fees by Testimony: the Opinion Part Description of nature and extent of services (including hours) Tasks were necessary Rates charged were reasonable Time for tasks was reasonable After multiplying time and rate, overall fee is reasonable May be adjusted upward for special expertise, difficult case, etc.
23 What is a reasonable fee? Tex. Disciplinary Rules of Professional Conduct 1.04(b) (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained;
24 What is a reasonable fee? Tex. Disciplinary Rules of Professional Conduct 1.04(b) (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered. Adopted in Arthur Anderson & Co. v. Perry Equipment Corp., 945 S.W.2d 812, 818 (Tex. 1997)
25 Support for Expert Testimony: Time Records Accurate time records should be introduced Records show time spent on each task, and tasks should relate to outcome of case May be redacted for privileged information Summarize all legal activities from date of employment, including: Documents prepared / discovery process Hearings attended Research and discovery Trial preparation Settlement Trial
26 Practice Tip: Paralegal Fees Count! Available for substantive legal work: Client and witness interviews, conducting investigations, drafting documents, summarizing depositions, etc. Defined at Definition and Standards Prove up: Description of work Hourly rate and reasonableness Qualification of paralegal to perform legal work Legal work was done under attorney s supervision
27 Practice Tip: Segregation Need to segregate fees when attorney fees are recoverable for one claim (ex. DTPA), but not another (ex. common law fraud). Or where there are multiple defendants, multiple attorneys, etc. BUT, segregation not required when claims are not separable e.g., there are multiple claims arising from the same transaction, and they are so interrelated to be essentially the same set of facts and proof.
28 Part IV: Fee-Shifting Statutes A social justice alternative to pro bono representation Create opportunities for private attorneys to serve legal needs of low and moderate income residents with valid legal claims Often actual damages are smaller than potential attorneys fees. Ex. DTPA cases fee-shifting encourages attorneys to take small money cases that further important public policy goals Other examples: landlord security deposits, foreclosure scams, housing discrimination, 150+ others
29 Fee-Shifting Statutes The need: Unrealistic in typical consumer case to expect consumer to pay hourly or percentage Essential for consumers to have access to counsel even on relatively small claims The complications: a skeptical judiciary In Texas, fee expected to bear some reasonable relation to amount involved. Statutory fee-shifting is not a bonanza. Concurring opinion in El Apple I, Ltd. v. Olivas, 370 S.W. 3d 757 (Tex. 2012). SO, in small damage case, prepare to justify how your fee in excess of recovery is reasonable given the facts of the case.
30 Genevieve Hébert Fajardo, Clinical Associate Professor St. Mary s Law School Homecoming CLE, March 21, 2014
MARYAND JUDICIAL CONFERENCE COMMITTEE ON FAMILY LAW CUSTODY SUBCOMMITTEE HON. MARCELLA HOLLAND, CHAIR MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES TEXT
2013 IL App (1st) 120898-U FOURTH DIVISION March 28, 2013 No. 1-12-0898 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
RULE 1.5 FEES [Effective July 1, 2003] (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining
ATTACHMENT I (law firm letterhead optional) REPRESENTATION AGREEMENT to be executed in duplicate Dated this...... day of........................................., (year) ATTORNEY Address: Phone: CLIENT:
STATE OF MICHIGAN COURT OF APPEALS ALEC DEMOPOLIS, Plaintiff-Appellee, UNPUBLISHED April 16, 2015 v No. 320099 Macomb Circuit Court MAURICE R. JONES, LC No. 2012-000488-NO Defendant, and ALEXANDER V. LYZOHUB,
Reversed and Remanded and Opinion filed August 16, 2001. In The Fourteenth Court of Appeals NO. 14-00-00177-CV HENRY P. MASSEY AND ANN A. MASSEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF COURTNEY
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
Case 4:04-cv-03526 Document 84 Filed in TXSD on 02/02/06 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ALEXANDER WARDLAW, Plaintiff, v. CIVIL ACTION NO. H-04-3526
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-01170-COA JAY FOSTER APPELLANT v. PAUL KOTSAKOS APPELLEE DATE OF JUDGMENT: 06/14/2013 TRIAL JUDGE: HON. JAMES B. PERSONS COURT FROM WHICH
CAUSE NO. 02-01125-J CHARLES DURHAM IN THE 191ST DISTRICT COURT VS. LARVAN PERAILTA DALLAS COUNTY, TEXAS PLAINTIFF S MOTION TO RECOVER EXPENSES OF PROOF TO THE HONORABLE COURT: Comes Now, Charles Durham,
MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS ADVANCED PERSONAL INJURY LAW COURSE CLE TEXAS STATE BAR 2013 S AM J OHNSON S COTT, DOUGLASS & MC C ONNICO, L.L.P. A TTORNEYS A T L AW WWW.
109 STAT. 737 Public Law 104 67 104th Congress An Act To reform Federal securities litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America
JUDICIAL BRANCH MEMORANDUM To: Attorneys; Legal Assistants; Litigants From: Patricia A. Lenz, Superior Court Administrator Julie W. Howard, Strafford Superior Court Clerk Date: Updated December 16, 2013
Affirmed and Opinion Filed October 27, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00938-CV MACDONALD DEVIN, PC AND PATRICK F. MADDEN, Appellants V. JON RICE, WILLIAM BLAKE
The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing
STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CIVIL ACTION Do.cket Nos. cv-70-10..d. AP-06-56 ' I ',, '.', ',1-- I I. C\ J. ELIZABETH NIITCHELL, et al., v. Plaintiffs, PORTLAND FINE FURNITURE and DESIGN
RULES OF THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, STATE OF ILLINOIS (BOND AND MADISON COUNTIES) Rule No. 2.01: Assignment and Coordination of Cases Involving Custody and Visitation A. Each child
ATTORNEY-CLIENT CONTRACT The Undersigned, sometimes referred to as Client and Peterson Law Group, sometimes hereinafter referred to as Firm hereby enter into the following contract and agreement regarding
FLORIDA CALVERT VICTOR, individually and on behalf of all other persons similarly situated, IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, Plaintiff, vs. CASE NO. 07-019486-05
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Criminal Justice Act Case Management and Budgeting Policy 1 NON-CAPITAL REPRESENTATIONS The Ninth Circuit Judicial Council has approved the following case management and budgeting policies applicable to
33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes
Case 3:02-cv-02186-B Document 348 Filed 07/16/08 Page 1 of 11 PageID 4981 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION NAVIGANT CONSULTING, INC., Plaintiff, V. CIVIL ACTION NO.
ATTORNEYS FEES IN FLORIDA WORKERS COMPENSATION CASES: A HISTORICAL ANALYSIS AND COMPREHENSIVE REVIEW OF SIGNIFICANT LEGISLATION, STATUTORY AMENDMENTS AND CASE LAW INTERPRETING SAME Rafael Gonzalez Barrs,
CIVIL APPEALS PAMPHLET FOR THE PRO BONO PROJECT SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION AND THE HOUSTON BAR ASSOCIATION APPELLATE SECTION IN THE
Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TOP PEARL, LTD., Plaintiff, v. CIVIL ACTION H-10-1249 COSA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA BARBRA R. JOYNER, Appellant, CASE NO.: 2012-CV-000003-A-O Lower Case No.: 2010-CC-010676-O v. ONE THOUSAND OAKS, INC.,
RENDERED: MARCH 13, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000056-MR RAMONA SPINKS, EXECUTRIX OF THE WILL OF BENJAMIN SPINKS, DECEASED APPELLANT APPEAL
! Parties:! THIS AGREEMENT is made on the day of, 2012, in Plano, Collin, Texas, between ("Client"), and Reeves Law Firm, P.C. ("Attorney"):! In consideration of the mutual promises herein contained, the
IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) SIMMONS V. PRECAST HAULERS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT
RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall
WHAT ARE REASONABLE ATTORNEY FEES? BENJAMIN K. SANCHEZ Sanchez Law Firm 806 Main Street, Suite 920 Houston, Texas 77002 (713) 780-7745 firstname.lastname@example.org State Bar of Texas REPRESENTING SMALL BUSINESS March
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 130003-U Order filed
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS FT. LAUDERDALE DISTRICT OFFICE Donald Turner, Jr., Employee/Claimant, vs. 02HR,LLC, Employer, and Providence
109 N. Palafox Street Telephone (850) 434-8904 Pensacola, Florida 32502 Fax (850) 434-8922 ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES THIS FEE CONTRACT FOR CONTINGENCY CASES ("Contract")
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions
ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES August 22, 1997 Points of view or opinions expressed in this document are those of the Committee on Mandatory Fee Arbitration.
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00125-CV CHRISTOPHER EDOMWANDE APPELLANT V. JULIO GAZA & SANDRA F. GAZA APPELLEES ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado
No. 2-15-0610 Order filed December 24, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
SUPREME COURT OF WISCONSIN OFFICE OF LAWYER REGULATION Public Reprimand with Consent Peter D. Bear 13-OLR- 1 Attorney at Law Peter D. Bear is a Wisconsin-licensed attorney, whose address of record is 6516
ACCOUNT LITIGATION IN TEXAS Winstead Webinar Series October 14, 2014 David F. Johnson, Shareholder 817.420.8223 email@example.com Technical issues Housekeeping Items If you experience any difficulty
The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The
Author: Attorney Dan A. Riegleman N63 W23965 Main Street Sussex, Wisconsin 53089 Prepared: 06/01/10 WHITE PAPER: DR2504 Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings There are
Case 4:14-cv-00283 Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SELDA SMITH, Plaintiff, v. CIVIL ACTION H-14-283 WELLS FARGO
NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: SOME DEBTOR, Case No. 11-99999 (Chapter ) Debtor. JUDGE [NAME OF JUDGE] NUNC PRO TUNC APPLICATION TO EMPLOY [NAME OF LAW
AUTHORITY TO REPRESENT AND CONTINGENCY FEE AGREEMENT I, the undersigned client, do hereby retain and employ the Law Offices Of Zarakhovich&Associates, Inc., and, specifically, attorney Mariya Zarakhovich,
ARK.] INS. CO. V. HESLIP 319 NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 91-300 832 S.W.2d 463 Supreme Court of Arkansas Opinion delivered May 11, 1992. MOTIONS MOTION DENIED BY TRIAL
Rule 82.1 Who May Appear as Counsel; Who May Appear Pro Se Only members of the bar of this Court may appear as counsel in civil cases. Only individuals who are parties in civil cases may represent themselves.
CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,
Vickie S. Carlton-Sadler 2404 Caneridge Pointe, SW Marietta, GA 30064 (404) 642-1211 Email: firstname.lastname@example.org Professional Experience Savannah Law School, August 2014 to Present Visiting Associate
Information or instructions: Contingency fee agreement for personal injury cases 1. The following form is a written contingency fee agreement that may be used to employ the attorney to handle the personal
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced
In-House Insurance Defense Counsel Permissible Cost-Saving Measure or Impermissible Conflict of Interest? by Nathan Price Chaney Why have In-House Counsel? From Company s point of view: Control Effective
STATE OF IDAHO County of KOOTENAI ss FILED AT O'Clock M CLERK OF DISTRICT COURT Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI SKY CANYON
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
Reverse and Render in part; Affirm in part and Opinion Filed August 11, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01491-CV GARY C. EVANS, Appellant V. THE FROST NATIONAL
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
VII. JUDGMENT RULE 54. JUDGMENTS; COSTS (a) Definition; Form. Judgment as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0761 444444444444 IN RE NATIONAL LLOYDS INSURANCE COMPANY, RELATOR 4444444444444444444444444444444444444444444444444444 ON PETITION FOR WRIT OF MANDAMUS
PAID OR INCURRED UPDATE The Aftermath of Haygood v. de Escabedo JOE ESCOBEDO Escobedo, Tippit & Cardenas, L.L.P. 3900 N. 10 th Street, Suite 950 McAllen, Texas 78501 (956) 618-3357 Paid or Incurred Update
Choosing Small Claims or Taking your dispute to court can be a complicated and lengthy process. If your Supreme Court claim is for an amount under $100,000, or if it can be tried in 3 days or less, there
IN THE SUPREME COURT OF TEXAS Misc. Docket No. 93-0141L APPROVAL OF LOCAL RULES OF CIVIL TRIAL OF THE 241ST JUDICIAL DISTRICT COURT OF SMITH COUNTY ORDERED: Pursuant to Rule 3a of the Texas Rules of Civil
As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings
JUSTICE GERALD E. LOEHR, J.S.C. Rockland County Supreme Court 1 South Main Street New City, New York 10956 Courtroom 1 Tel: (845) 483-8343 Fax: (845) 708-7236 Staff Bruce J. Pearl, Principal Law Secretary
This information has been prepared for persons who wish to make or have made a complaint to The Lawyer Disciplinary Board about a lawyer. Please read it carefully. It explains the disciplinary procedures
UE Defense Counsel Guidelines United Educators (UE) believes that successful insurance defense requires a three-way joint approach. UE works closely with our member institutions (i.e., insureds) and outside
The False Claims Act: A Primer The False Claims Act (FCA), 31 U.S.C. 3729-3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding
Case 12-30885-hdh7 Doc 72 Filed 11/22/13 Entered 11/22/13 11:07:32 Page 15 of 27 EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT ALL PERSONS WHO PAID MONEY FOR A MEMBERSHIP IN LULLY S, INC. d/b/a THE RIGHT
Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CHIROPRACTIC CLINICS, INC. (as assignee of Barbara Barriga), Plaintiff, vs. Case No. 03-00079-SC Division
(DSNB180TC122315) (PL068) DEPARTMENT STORES NATIONAL BANK CREDIT CARD DISCLOSURES Interest Rates and Interest Charges Annual Percentage Rate 24.75% * (APR) for Purchases Store Accounts This APR will vary
COLORADO COURT OF APPEALS February 15, 2001 Court of Appeals No. 98CA1099 El Paso County District Court No. 96CV2233 Honorable Theresa M. Cisneros, Judge Carol Koscove, Plaintiff-Appellee, v. Richard Bolte,