Lexis Nexis How to Recover Attorneys' Fees in Texas
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How to Recover Attorneys' Fees in Texas, is more important today to trial lawyers and their clients than ever before. The ability to recover attorneys' fees may be the deciding factor in whether or not to file a lawsuit, try a lawsuit, or settle a lawsuit. The law has changed dramatically with the landmark decision in the Rohrmoos case: the Texas Supreme Court clarified Texas law on the recovery of attorneys' fees and the lodestar method now controls recovery of attorneys' fees in all Texas cases.
Attorneys' fees recovery is one of the fastest-evolving areas of law in Texas, with ongoing legislative, judicial, and procedural changes shaping how fees are assessed and recovered in various legal contexts. Attorneys practicing in Texas should stay informed about these changes to effectively navigate the complexities of fee recovery for their clients. Attorneys' fees experts Trey Cox and Jason Dennis have authored this book as a complete, step-by-step guide for practicing attorneys to help them win and defeat attorneys' fees claims at trial.
NEW IN THIS EDITION
• Attorney's fees trial transcript showing best practices to recover attorney's fees under Rohrmoos
• Updates on legislative changes in specific areas of law including consumer protection, contract disputes, and family law, such as amendments to the Texas Family Code to ensure more equitable fee recovery in divorce and child custody cases
• Analysis of case law developments that continue to emphasize the necessity of properly documenting fees and demonstrating that the fees incurred were reasonable and necessary
• Discussion of consumers' rights to seek recovery of attorneys' fees in disputes against businesses under the Texas Deceptive Trade Practices Act
• Developments regarding recovery of attorneys' fees in cases that settle through mediation, including how fees can be allocated in settlement agreements leading to more defined expectations for both parties
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Table of contents
CHAPTER 1 — THE FOUNDATION
CHAPTER 2 — THE BASIC LEGAL REQUIREMENTS
CHAPTER 3 — PROVING UP ATTORNEYS’ FEES: THE ROHRMOOS CASE
CHAPTER 4 — THE USE OF THE LODESTAR CALCULATION METHOD TO DETERMINE THE REASONABLENESS OF ATTORNEYS’ FEES IN TEXAS
CHAPTER 5 — SIX PRE-FILING AND PLEADING STEPS
CHAPTER 6 — SELECTING YOUR EXPERT
CHAPTER 7 — THE DISCOVERY PROCESS
CHAPTER 8 — ASSEMBLING YOUR EVIDENCE
CHAPTER 9 — PRESENTING ATTORNEYS’ FEES AT TRIAL
CHAPTER 10 — ATTACKING EXPERTS AT TRIAL
CHAPTER 11 — JUDGES’ THOUGHTS
CHAPTER 12 — IMPORTANT CASES: COLLECTION OF ATTORNEYS’ FEES IN TEXAS
APPENDIX
