Challenging and Defending Attorneys’ Fees
The ability to recover attorneys' fees is often a deciding factor in the decision to litigate or settle a case. Our appellate lawyers have a wealth of experience in challenging and defending attorneys’ fees under both statutory and common law, at all stages of litigation. For example, our lawyers recently persuaded the Dallas Court of Appeals to reverse an $8.5 million judgment against our client and award the client $2.5 million for fees and costs it had incurred at trial and on appeal. That is just one example of many in which our appellate lawyers have won this important claim for Haynes and Boone’s clients. Our experience also includes the following:
- Preserving claims to attorneys' fees through pleadings, evidence (including expert testimony), and submission of jury questions;
- Segregating fees among parties and claims where fees are available for some, but not all, parties or claims;
- Litigating attorneys' fees as an element of damages;
- Litigating attorneys' fees for prevailing plaintiffs or defendants in breach of contract cases;
- Litigating attorneys' fees for the work of trial consultants, paralegals, and other legal staff;
- Litigating attorneys' fees for the work of in-house counsel;
- Addressing the availability of pre- and post-judgment interest on attorneys' fee awards;
- Challenging or defending awards of attorneys' fees on appeal; and
- Pursuing attorneys' fees for prosecuting or defending an appeal.