Section 22 Trial and Posttrial Fees

• Library: Consumer Law and Practice 2010

Proof of attorney fees incurred in connection with the trial itself, in those cases in which this proof is required, causes a special set of problems. Nevertheless, whether the basis for attorney fee recovery is contractual, statutory, or otherwise, the rationale for allowing recovery is equally applicable to fees incurred before and during trial.

The logical form of proof is testimony and time records of the trial attorney giving an up-to-date accounting of fees incurred as of the time the attorney testifies in support of the fee award. During the course of this examination, the same attorney can be asked for a projection of total fees through verdict or judgment. In a nonjury case in which the plaintiff...