Attorneys at LFS regularly serve as consulting experts, testifying experts or special counsel in disputes over legal fees and expenses. We have collectively testified more than 50 times, and our expert opinions have been accepted in U.S. state and federal courts, and international tribunals.
We provide opinions on the reasonableness of attorneys’ fees and hourly rates, the necessity of particular legal activity in the underlying representation, the allocation of attorneys' fees and vendor disbursements among multiple parties, and other topics. Our attorneys have testified both in support of and in opposition to the reasonableness of legal fees.
The strength of our testimony rests on our direct experience as practicing attorneys and our ability to provide definitive conclusions using quantitative data. We are known for preparing exceptionally credible, relevant and persuasive expert opinions.
LFS is called upon to consult, opine or testify in a wide range of fee disputes, each one as singular as the underlying legal matter at its root. Fee disputes most often arise in the context of complex litigation that carries a fee-shifting mechanism, as well as in instances of egregious overbilling or client nonpayment.
Prevailing Parties. Many contracts contain a clause that states that if one party accuses the other of a contractual violation, the prevailing party will be awarded reasonable attorneys’ fees.
Insurance Coverage Disputes. Many insurance policies include provisions detailing the circumstances under which a policyholder can submit legal costs for insurer reimbursement.
Statutory Fee Shifting. Various state and federal legislation provides exceptions to the “American rule” that each party bear its own attorney’s fees in litigation.
Qui Tam. Qui tam actions claiming fraud against the government under the False Claims Act are increasingly common, and successful plaintiffs can receive payment of attorneys' fees.
Overbilling. Clients may challenge outside counsel invoices that are thought to be inflated, inaccurate or out of proportion to the work that was performed.
Nonpayment. Law firms or individual attorneys may seek to verify the validity of legal services rendered when faced with the threat of nonpayment by a client.