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Showing posts from November, 2013

The Proof Needed to Recover Attorney's Fees: A New Frontier

City of Laredo v.  Montano - Texas Supreme Court Facts :  The relevant portion of this case dealing with attorney's fees centered around an attorney who sought to prove up his attorney's fees at trial almost exclusively based upon his testimony.  At trial, the attorney testified that he had worked for approximately 226 weeks on the case, with a “conservative” estimate of 6 hours per week.  Based on his estimates, he calculated his attorney's fees in the amount of $339,000.  Although the attorney testified at trial as to the work he had done, he did not keep time records nor did he have any invoices, bills, or other tangible evidence to establish the attorney's fees he sought.  The only tangible evidence he could point to were the "thousands and thousands of pages that were accumulated in this case."   The City of Laredo argued that there was insufficient evidence presented by the attorney to prove up the attorney's fees he sought and emphas