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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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QUESTION FOR ZACHARY ONLY - Hi Zachary this is me again...

Resolved Question:

QUESTION FRO ZACHARY ONLY -

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.


QUESTION : 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 firmand that he 's allowed to have his own business on the side ?



NOTE, off-record:

His ex boss A.... was disbarred a short while after S... (my opponent's lawyer) took this case .

S did not charge my opponent a penny,he even paid the court expenses to file the case and everything else.

A... had embezzled the residents of the 3 main towns of the 3 counties of South X.. here, and Y is an ex-Assistant of the DA of my county. Very influential guy,I have seen...


So basically this is a strange association, but now Y is running his own office in my county, defending white collar criminals and S has remained with some of his partners that had formed a new lawfirm, sort of subsidiary of defunct A .. & Y... in same office initially.


After, the new lawfirm including S moved to a new location, 4 months after the first meeting with my opponent, this is when the summons got fired on us.


The lawfirm of S, ex-partners of Y... (and A... ) is specialized in lawsuits against abusive or negligent brokers of securities at the stock exchange, small world... I guess the mitigation part must be easy for these guys (kidding). As for myself, I have seen the litigation part, and it was very efficient..

Submitted: 12 months ago.
Category: Legal
Expert:  Fran-mod replied 12 months ago.
I have let Zachary know that your question is waiting. If I can be of further assistance let me know.
Customer: replied 12 months ago.

Thank you

Expert:  Fran-mod replied 12 months ago.
You're very welcome!
Customer: replied 12 months ago.

Hi Zachary

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 ?

Expert:  Zachary replied 12 months ago.
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, ?

A: Yes, this just means that he is not running the case through the law firm of which he is a member.

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 ?

A: This would be objected to on a relevance basis. What I would do is ask him if he is a member of firm A^Y, then ask him to confirm that A&Y is the firm which is representing the client, it is only him on his own.

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.

A: His appearance in open court waives this issue.

4) 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?

A: Yes, this is very valid and you should prove into this matter. You should also object that he has failed to produce an attorney agreement and ask the court to exclude all evidence of such agreement since he failed to produce it in discovery.

5) 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.

This really does not have much to do with the Lodestar method.

The things you want to inquire about are:

1. Why does he consider his hourly rate reasonable and is it in line with the hourly rates of other attorneys of his same experience level in the local area.

2. Is there any work stated on his invoices which are redundant or which are more than reasonably necessary to do the work

https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/magratten_phillips_connolly_feldman_mamaysky.html
Customer: replied 12 months ago.

Thank you very much for the info.

Assuming that the judge discards my request to exclude the works he did before his written contract, and takes them into consideration, they also correspond to his initital complaint that was dismissed and the order warded me the attorney's fees and court expenses.

How does that come into play ?

A: Yes, this is very valid and you should prove into this matter

 

When you say "prove into" do you mean argue or should i come up with case law ?

======================================
FYI, I filed a motion to strike their filing of foreign judgment at the CT Superior court and when they saw the motion they accepted to dismiss the filing and to re-file.

They also filed a lien with me as a grantor on the real estate property of an LLC over there. I have strictly nothing to do with that property.

The counsel is operating in CT without license, drafting court documents and lien recordings for his client ( who appeared as PRO-SE at the Superior Court), and sending me emails ordering to cease and desist to communicate with my opponent who is recorded as a PRO-SE.

This will be the subject of another question later...

Expert:  Zachary replied 12 months ago.
How does that come into play ?

Legally, it should not come into play and is unrecoverable, as it is a different matter from the case on which they won attorneys fees



When you say "prove into" do you mean argue or should i come up with case law ?

I apologize for the typo. I mean "probe" into it, meaning you should definitely ask questions about it.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
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