Monday, August 10, 2015
Discovery of Attorney's Fees
I have been looking at the issue on the discovery of attorney's fees in cases for a while. From prior experiences and review of the caselaw, if an individual pleads a request for recovery of attorney's fees, this makes the hourly rate, amount of time, and various other things discoverable. However, I think there is still a pretty good argument that portions of the itemized bill may not be discoverable depending on how detailed it is. If the bill deals with strategy sessions and goes into it specifically, probably not discoverable. If the bill does not, probably is. This is one area where less detail may be better for discovery issues.