July 11th, 2014

Experts on Attorneys fees

Is expert testimony required to recover a reasonable attorney's fee?

Given the experience trial judges have with attorneys and attorneys' fees, one might question the usefulness of an attorney/expert witness to testify about the reasonableness of the fee. There is no question that the amount of a reasonable attorney's fee is in the discretion of the trial court. Further, even if an expert does testify, the trial court's discretion is not limited by his/her expert testimony.

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July 10th, 2014

Malicious Prosecution. Bona Fide Termination

Malicious Prosecution Actions: Who won the underlying suit?

Persons who feel that they have been wrongfully prosecuted, either criminally or civilly, may have a claim against their prosecutor for malicious prosecution. There are, however, specific elements that must be alleged in order to establish a claim for malicious prosecution, and a malicious prosecution plaintiff must allege all of them for this cause of action to lie.

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