Sunday, February 20, 2011

Attorneys' fees in no-fault cases

Court rule affected - 8.121
Admin no. - 2007-17
Issued - 10-26-10

Would add claims for no-fault benefits to the rule governing contingent fees.

Several groups have posted comments in opposition on the grounds that the amendment might prohibit the award of attorneys fees based on an hourly rate. They argue that the court should have the discretion to award an attorney fee that exceeds 1/3 of the amount recovered, as a penalty for unreasonable denial or delay in payment.

Link