In fee shifting cases - what lawyers don't know is hurting them!

Leonard Bucklin

Dear Fellow Attorney,

The fact is, most attorneys don't get adequate reasonable attorney fee's awards --- or don't defeat fee awards when they are on the defense --- for one simple reason:

They simply don't know either: the fee-shifting opportunities that exist, or, the best tactics to use in legal fee claim disputes.

You don't have to be one of those attorneys!

In law school lawyers are not usually taught the specialized substantive, evidence, or procedural law of attorney fee awards. And lawyers do not take a law school course on the tactics of trial to determine a "reasonable attorney fee".

Yet lawyers blithely assume (wrongly) that they know the law on the subject and that they know how to prosecute or defend a request for an attorney fee. That means that when lawyers do a direct or cross-exam of an attorney fee expert, most lawyers don't do it right. They do not ask the right questions, in depositions or trial, of either the adverse expert witness, or their own expert witness. With the attorney fee claim expert witness question outlines in Attorney Fee Awards: a handbook for attorneys, you will not be one of those lawyers.

Law school education, hanging on from last century, teaches the erroneous idea that in the United States parties must pay their own attorney fees except in special instances. The fact is:

Perhaps most cases brought in the courts today involve the possibility of shifting some or all of the legal fees of one party to the other party.

Hundreds of state and federal rules and statutes provide for fee-shifting. You already know about the state and federal civil rules sanctions in the discovery disputes so common today. You may recognize that the class actions and civil rights actions in federal courts involve huge attorney fee recoveries. But you probably do not know about all the substantive opportunities the state legislatures have now provided. E.g., Minnesota has over 300 such statutes. Or, e.g., Texas, among its myriad of fee-shifting statues, provides that "loser pays" attorney fees in all contract actions. The exceptions have swallowed up the "American Rule" taught in law school.

Obviously, counsel seeking a legal fees award need the law, tactics, and forms in this eBook that has been used by counsel in multi-million dollar cases, and in run-of-the-mill contract cases and sanction motions.

Moreover, on the other side of the table, if you are on the defense against a request for an attorney's fee award, this compact information tells you the critical points to bear down on in discovery and trial, to save your client paying a fee that may be more than the amount in dispute in the main case.

I really like getting money and getting paid. Knowing more about fee awards than most other attorneys helped me make my client's happy. Happy clients build your law business, whether on the plaintiff's side or on the insurance defense side. While asking for fee awards for my clients, for 35 years, in a successful five state litigation practice, I developed my fee award notes for all the other lawyers in the office.

What has always amazed me is that even after I was making money for my clients and myself by knowing "best practices" to make and win attorney fee awards, most attorneys simply did not "get it," and most still don't!

Now I've put my attorney fee award notes into a handbook that is compact, blunt, and to the point. It's a two to four hour read that tells you what you would hear you would get if you asked an experienced fee award litigator in your firm to tell you what you need to know to handle a fee award request (on either side of the request) in the next case on your desk.

Before I had the tactics, legal notes, and forms of the Attorney Fee Award handbook, I found myself (on more occasions that I'd like to admit) working well past the time everyone else had left the office, pulling together what I needed to do to prove or defeat a claim for attorney fees - and how to do it! But after I had my "quick read" attorney fee award handbook, I knew what I was doing, and when to do it! I was able to use my position on attorney fees to hammer the other side during settlement and return to the office with a happy client.

All The Best,

Leonard Bucklin, Civil Trial Attorney

Here's the recap...

Think about this. . . you want to feel one of two ways: Prepared or Unprepared. The fact is, just the FEELING of being prepared on attorney fee awards for one case alone must be worth $42. Consider your small investment a little "emotional insurance policy"

If Attorney Fee Awards™ saves you just one-quarter hour of time - ever - it pays for itself. The only mistake you can make would be letting slip by this small one-time investment that saves you hours of time and protects you from some preventable fumbles.

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