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Tag Archives: attorney’s fees

Coach’s Corner: Fixed-fee billing in health care – Will alternative legal fees be far behind?

Insurance companies hire lawyers as in-house counsel at reduced (wholesale) rates, pay lawyers in accordance with insurance policies for their insureds and otherwise have a dramatic influence over the billing practices in the legal community. Wasn't it insurance companies in or about the 1960s that demanded lawyers submit bills that showed the time expended in matters for which they pay? And then, as a consequence, lawyers began using time increments as a basis for pricing, not just as a management tool.

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Domestic Relations – Alimony – Bonus Income – Family-Owned Company – Income Suppression Finding Unnecessary – Corporate Income – Attorney’s Fees (access required)

Webb v. Webb. Where the defendant-husband's family controls his salary and bonuses, the trial court was not required to find that the husband was suppressing his income when the court ordered the husband to pay half of any bonus he received (up to a stated ceiling) to the plaintiff-wife in alimony. In the alimony order, the trial court miscalculated the income generated by an apartment complex. We affirm in part and remand in part for consideration as to whether this affects the amount of alimony awarded to the wife.

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Civil Practice – Appeals – Interlocutory – Attorney’s Fees – Dollar Figure Not Set (access required)

Triad Women's Center, P.A. v. Rogers. A defendant's appeal of an attorney's fee award was interlocutory where the appeal came after the trial court awarded the fees but before it set an actual dollar amount. Because the law in this area has been unclear, the court takes this opportunity to specifically hold that an appeal from an award of attorney's fees may not be brought until the trial court has finally determined the amount to be awarded.

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Civil Practice – Removal – Federal Question – Remand – Attorney’s Fees & Expenses – Intellectual Property – Trademark License Agreement (access required)

International Legwear Group, Inc. v. Americal Corp. (Lawyers Weekly No. 10-02-0924, 7 pp.) (James C. Dever III, J.) E.D.N.C. Holding: Even though the parties’ contract is a trademark-license agreement, the breach of contract action brought by plaintiff in state court ...

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Trusts & Estates – Attorney’s Fees – Clerk’s Order – Appeals – Delays (access required)

Strickland v. Strickland. The petitioner-attorney requested a significantly higher fee than the clerk of court had ever seen, the attorney did not accept the clerk's offer of a hearing regarding the fees, and the attorney waited more than three weeks to fulfill the clerk's request for a detailed affidavit of attorney's fees. Even though the attorney requested fees of $14,513, the superior court did not err in affirming the clerk's attorney's fee award of $3,500.

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Domestic Relations – Alimony – Separation Agreement – Attorney’s Fees – Reasonableness (access required)

Jackson v. Penton. The trial court had the authority to award reasonable attorney's fees under the express provisions of a separation agreement; however, the amount of fees was unreasonable where they were awarded to enforce a provision of the separation agreement that was unenforceable as against public policy. Affirmed in part; reversed and remanded in part.

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