Challenging and Defending Attorneys’ Fees
The ability to recover attorneys' fees is often a deciding factor in the decision to sue, defend a claim, appeal or settle a case. Haynes and Boone's appellate lawyers have a wealth of experience in the interpretation and application of the overlapping of rules and procedures governing the availability and recovery of attorneys' fees under Texas' statutory and common law. That experience prepares us to handle the litigation likely to arise from several recent Texas Supreme Court cases that have altered the attorney fee landscape. With the assistance of our experienced appellate lawyers, parties can maximize their opportunities for recovering fees for trial and appeal and minimize the recovery of fees by opposing parties. Our appellate lawyers' experience on the issue of attorneys' fees includes the following:
- Preserving claims to attorneys' fees through pleadings, development and presentation of evidence, including expert testimony, and submission of jury questions;
- Segregating fees among parties, claims and defenses, where fees are available for some, but not all, parties or claims;
- Litigating the availability of attorneys' fees as an element of damages;
- Litigating the availability of contractual attorneys' fees for prevailing plaintiffs or defendants;
- Pursuing or challenging attorneys' fees for the work of trial consultants, paralegals, and other legal staff;
- Pursuing or challenging attorneys' fees for the work of in-house counsel;
- Addressing the availability of pre- and post-judgment interest on attorneys' fee awards;
- Challenging or defending awards of attorneys' fees on appeal;
- Pursuing attorneys' fees for prosecuting or defending an appeal.