tag:blogger.com,1999:blog-20692053.post4106097354771378867..comments2023-11-03T06:35:48.003-05:00Comments on Shark and Shepherd: The legislature and legal feesRick Esenberghttp://www.blogger.com/profile/07280070509167910367noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-20692053.post-80225984185597823692011-10-31T11:22:33.844-05:002011-10-31T11:22:33.844-05:00The dealership even admitted that the reason the l...The dealership even admitted that the reason the legal fees were so high was because they pushed for not only a trial but a prolonged appeal process. A reasonable person would never have allowed it to get that far and the plaintiffs did not want it to go as far as it did.Johnnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-72851040333226007472011-10-29T19:47:57.410-05:002011-10-29T19:47:57.410-05:00If I read it correctly, there's also a "j...If I read it correctly, there's also a "judge's option" regarding the fee issue; a judge may allow more fee dollars under certain circumstances.<br /><br />Regardless, Boots/Sabers tells us that Vince Megna will no longer represent Republican clientele.<br /><br />He didn't mention Conservatives, so I suppose he'd still take me on. Besides, I know the guy.Dad29https://www.blogger.com/profile/08554276286736923821noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-13139433380186515002011-10-28T06:59:08.146-05:002011-10-28T06:59:08.146-05:00Variable = too complicated for attorneys = more em...Variable = too complicated for attorneys = more employment for CPAs!Tomhttps://www.blogger.com/profile/10287196327536226744noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-18101320954582956042011-10-27T19:45:49.500-05:002011-10-27T19:45:49.500-05:00I do as well. But 12% is too high in today's ...I do as well. But 12% is too high in today's economy. A 6% fixed rate, half a percent a month, would also be easy to calculate; but the bill's proponents prefer a variable rate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-29554422342405600312011-10-27T17:34:00.347-05:002011-10-27T17:34:00.347-05:00I kinda like it at 12% just to keep the math easy....I kinda like it at 12% just to keep the math easy...Tomhttps://www.blogger.com/profile/10287196327536226744noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-22722557680216728692011-10-27T16:37:55.683-05:002011-10-27T16:37:55.683-05:00Anon & Tom are right and the amendment is a go...Anon & Tom are right and the amendment is a good one. Good for Rep. Zipperer.Rick Esenberghttps://www.blogger.com/profile/07280070509167910367noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-65280622188870711312011-10-27T09:51:29.214-05:002011-10-27T09:51:29.214-05:00It is postjudgment interest (prejudgment interest,...It is postjudgment interest (prejudgment interest, too, if an offer of judgment is made and rejected). And Sen. Zipperer, the principal proponent of the bill, has now amended it to provide for prime plus one (adjusted every six months) in all classes of cases, not just tort cases and consumer protection law cases. As amended the bill will face much less opposition.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-24866968695946271172011-10-27T07:27:19.018-05:002011-10-27T07:27:19.018-05:00Post judgment interest, isn't it?
My problem ...Post judgment interest, isn't it?<br /><br />My problem with the issue of any mandatory grant of attorney fees for one prevailing party but a prohibition of attorney fees for the other prevailing party (say, in landlord tenant law, where the landlord cannot even shift attorney fees via the lease), is this.<br /><br />Proponents say that if plaintiffs can't get attorney fees, then they will be denied access to the courts because some of them can't afford to pay an attorney hourly fees to take their cases. But they ignore that the opposite is true - the risk of having to pay enormous attorney fees in case of even a small loss in court means that some defendants are denied access to the courts because THEY can't afford to pay both the other side's hourly attorney fees and their own attorney's fees.<br /><br />This is especially glaring in landlord tenant law, where there are a lot of landlords who are middle class home owners renting out a room, a duplex, or their home they can't sell in this market.<br /><br />I would eliminate all mandatory attorney award grants in the law that discriminate against people based on their position in whatever transaction is alleged to have gone sour. Maybe we could make grants of attorney fees contingent on a finding of indigency. <br /><br />Otherwise, I would support ways to increase access, such as simplifying and expanding small claims (which Walker has already done), or lowering the cost of attorneys (perhaps allowing attorneys to get a license to practice a certain area of the law through a one-year technical law degree in that area).<br /><br />Or we could abolish the American rule and make awards of attorney fees available to any prevailing party.Tomhttps://www.blogger.com/profile/10287196327536226744noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-30172357122823621372011-10-26T21:41:14.873-05:002011-10-26T21:41:14.873-05:00I thought this post was going to be about the $400...I thought this post was going to be about the $400 K in legal fees reaped by Troupis et al for redistrictingBrew City Brawlerhttp://www.brewcitybrawler.typepad.comnoreply@blogger.com