I am re-posting my question with an amendment because we have a new development here. You may want to read the note at the end of my previous posting here if you have time, as it kind of give some light on what's paluing in the background.
Plaintiff's attorney (s) has just informed me that his client, that I have subpoenaed as a witness to testify about his fees, will be present at the hearing on Friday.
HOWEVER he has also just wrote me this: "Just so you are not surprised when Judge X tells you, Plaintiff is not a material witness for our attorney's fees hearing."
THIS IS MY ORIGINAL QUESTION + amendment :
Hi Zachary this is me again... I have a question to prepare my next hearing of Friday of attorney's fees.
Here in FL, the prescribed method is the LODESTAR method, (not LONESTAR like your State... kidding) as per decision of the Supreme Court, correct me if I am wrong.
So normally, as per what I have read abundantly, a lawyer who wants to have his fees taxed is going to come up showing the kind of experience he has to justify an hourly rate, which includes a Resume of his career in which he will try to show himself at best to claim the highest possible hourly rate.
However, things are different in my case, again, I am afraid.
I have asked my opponent's lawyer to provide his resume and the name of his expert, and he refused.
As for the expert, the father showed up etc... if you remember...
As for the resume, and the validity of his contract with his client, my question will follow soon...:
After due researches and investigations, I found out that he was sorking for a major firm named A... & Y... at the time my opponent contacted him.
However, the strange part is that in his pleadings and all documentations, the lawfirm with which he was working then is totally absent.
So I thought he was a solo practitionner until I saw an old add on AVVO.com showing that he was working for that A & Y major firm.
QUESTIONS : 1) can he show himself as a solo practitioner when he is working for a firm , is that a common situation that he takes a contract with a client outside his firm, ?
... 2) should I ask him to testify about the contract he has with that firm and that he 's allowed to have his own business on the side ?
3) From February 2011 until November 2011, S (counsel) was on an undisclosed agreement, so we assume it must be oral, but S has not filed any notice of appearance in this case.
His retainer was signed 9 months after he had started to represent his client
. Is that not a valid argument to call him to testify about the existnece and the nature of his agreement with his client prior to the written contract?
- More generally, my logic is that I want my opponent to testify that he is approving every item of his counsel's invoice, because it is going to be taxed to me.
Is that logic correct ?