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Archive for the ‘Counsel Fees’ Category

If probate is refused, the court may make an allowance to be paid out of the estate of the decedent; if the probate is granted, and it shall appear that the contestant had reasonable cause for contesting the validity of the will or codicil, the court may make an allowance to the proponent and the contestant, to be paid out of the estate

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March 9, 2010 at 12:11 pm

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The N.J. Rules of Attorney Professional Conduct provide that an attorney shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case; or in a quasi-criminal matter, such as a case in municipal court

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March 9, 2010 at 11:26 am

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To determine the reasonableness of attorney’s fees, the judge must first calculate the lodestar, which is the amount of hours reasonably expended by the prevailing party’s attorney, multiplied by a reasonable hourly rate; further, the judge must determine the reasonableness of the hourly rate of the prevailing attorney in comparison to rates for similar services by lawyers of reasonably comparable skill, experience, and reputation in the community

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March 3, 2010 at 4:39 pm

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If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act

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February 25, 2010 at 12:55 pm

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A negligent attorney is responsible for the reasonable legal expenses and attorney fees incurred by a former client in prosecuting the legal malpractice action

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February 25, 2010 at 12:51 pm

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The Attorney’s Lien Act provides that an attorney asserting a claim in a suit has a lien upon his client’s claim which attaches to a verdict, report, decision, award, judgment or final order in his client’s favor

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February 8, 2010 at 2:21 pm

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The Prevention of Domestic Violence Act specifically authorizes a judge to award reasonable attorney’s fees

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January 27, 2010 at 1:32 pm

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In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused

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January 27, 2010 at 11:55 am

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A lawyer’s bill for services must be reasonable both as to the hourly rate and as to the services performed

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January 13, 2010 at 12:36 pm

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The filing of an affidavit of services addressing the factors enumerated in RPC 1:5(a) is required on an application for counsel fees

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January 12, 2010 at 11:47 am

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