Proper Substantiation and Reduced Hourly Fee Clinched the Result.
A trial court awarded $52,848 fee award to a defendant who non-suited a plaintiff in a legal malpractice action at trial. Plaintiff challenged the fee award as excessive.
Not so, said Presiding Justice Mallano--in a 3-0 opinion--in Jackson v. Kim, Case Nos. B219116/B221686 (2d Dist., Div. 1 Nov. 17, 2011) (unpublished). Plaintiff’s counsel presented competent substantiation, reduced the hourly rate to $350, and did have to take depositions/gear up for trial, all justifying the lower court’s actual award.
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