Hourly, increased b/c contingent If you do this, need to make it clear that the fees are increased b/c of the circumstances this case” “in Hourly, with % Contingent (cannot fee shift) Combination Fees for the Defendant, 17.50(c) Awarded for groundless OR bad faith OR harassment Determined by the court Groundless: no basis in law or fact and not warranted by good faith argument for extension, modification, or reversal of existing law Harassment: brought for the purpose of harassment “sole” demand letter was unrealistic and seemed to show an intent to punish Zak v. Segregation of Attorney’s Fees Originally, Ct gave you all attorney fee’s if the claims and facts were “inextricably intertwined” Tony Gullo Motors, Tx SC, 2006; claims for contract, fraud, and DTPA Any fees related solely to a claim for which attorney fees are not recoverable must be segregated Only when the fees are intertwined” do they not need to be segregated “so In practice, segregate and think about what claims you really should bring What is recoverable? Assume claims for negligence, K, and DTPA all in once case Client interview probably have to segregate – Preparing petition segregate – Legal research segregate – Factual research segregate – Depositions, Motions, segregate – Cumulative Recovery, §17.43 Only one recovery for the act or practice” “same Summary Same act single recovery Separate injuries, separate acts multiple punitives, multiple actuals Separate acts, same injury multiple punitives, but only one actual Bliskey, Ct of App, 1993; premises liability. Woman attacked at apt after apt complex refused a keyless night latch Negligence: $3.013MM actual, $5MM punitive DTPA: $3MM actual, $3MM punitive Ct awarded only one set of actual damages, both sets of punitive, plus attorney’s fees because Bliskey elected to receive the DTPA actual damages Ct held there were 2 different acts so they could have both punitive damages Multiple recovery governed by Chapter 41
Hourly, increased b/c contingent If you do this, need to make it clear that the fees are increased b/c of the circumstances “in this case” Hourly, with % Contingent (cannot fee shift) Combination Fees for the Defendant, 17.50(c) Awarded for groundless OR bad faith OR harassment Determined by the court Groundless: no basis in law or fact and not warranted by good faith argument for extension, modification, or reversal of existing law Harassment: brought for the “sole” purpose of harassment Zak v. demand letter was unrealistic and seemed to show an intent to punish Segregation of Attorney’s Fees Originally, Ct gave you all attorney fee’s if the claims and facts were “inextricably intertwined” Tony Gullo Motors, Tx SC, 2006; claims for contract, fraud, and DTPA Any fees related solely to a claim for which attorney fees are not recoverable must be segregated Only when the fees are “so intertwined” do they not need to be segregated In practice, segregate and think about what claims you really should bring What is recoverable? Assume claims for negligence, K, and DTPA all in once case Client interview – probably have to segregate Preparing petition – segregate Legal research – segregate Factual research – segregate Depositions, Motions, – segregate Cumulative Recovery, §17.43 Only one recovery for the “same act or practice” Summary Same act single recovery Separate injuries, separate acts multiple punitives, multiple actuals Separate acts, same injury multiple punitives, but only one actual Bliskey, Ct of App, 1993; premises liability. Woman attacked at apt after apt complex refused a keyless night latch Negligence: $3.013MM actual, $5MM punitive DTPA: $3MM actual, $3MM punitive Ct awarded only one set of actual damages, both sets of punitive, plus attorney’s fees because Bliskey elected to receive the DTPA actual damages Ct held there were 2 different acts so they could have both punitive damages Multiple recovery governed by Chapter 41
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