How can a defendant determine if attorney's fees awarded are reasonable?
Full Question:
After summary judgment has been given against the Defendant, and Motion to Award Attornerys Fees has been filed, does Defendant have the right to use Discovery and Subpoenas to verify Plaintiff's attorneys fees as to being reasonable?
10/07/2007 |
Category: Civil Actions |
State: Idaho |
#9788
Answer:
If the matter is further litigated, discovery measures could be used to prove unreasonableness of fees. An award of attorney's fees under an abuse of discretion standard. A court abuses its discretion only when it acts in a manner which exceeds the bounds of reason under the circumstances. The burden is placed upon the party who is attacking the trial court's ruling to establish an abuse of discretion, and the ultimate issue is whether the court could reasonably conclude as it did.
