How to Recover Attorneys' Fees in Texas

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A complete, step-by-step guide for practicing attorneys to help them win and defeat attorneys' fees claims at trial.

Recovering attorneys' fees can no longer be an afterthought for trial lawyers and their clients. Today, the ability to recover attorneys' fees may be the deciding factor in whether or not to file a lawsuit and almost always plays a critical role in the decision to settle or try a case. In fact, it is no longer unusual for an attorneys' fees recovery to exceed actual damages.

Mindful of this change in the attorneys' fees landscape, attorneys' fees experts Trey Cox and Jason Dennis have authored How to Recover Attorneys' Fees in Texas -- a complete, step-by-step guide for practicing attorneys to help them win and defeat attorneys' fees claims at trial.

Additional Information
SKU TFEES18
Division Name Texas Lawyer
Volumes 0
Product Types Books
Brand Texas Lawyer
Publication Date October 28, 2017
Jurisdiction Texas
ISBN 978-1-62881-392-0
Page Count 414
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Jason Dennis

Jason Dennis is a partner at Lynn Tillotson Pinker & Cox, LLP, a litigation boutique in Dallas, Texas. He has extensive trial and appellate experience in state and federal courts in Texas representing a diverse group of clients from Fortune 500 companies to bankruptcy trustees. He is on the faculty of the National Institute of Trial Advocacy and has taught trial advocacy at Southern Methodist University. He has been designated as a Master Advocate by the National Institute of Trial Advocacy. Jason obtained both a J.D. with honors and an I.M.B.A. from the University of South Carolina. Before beginning his private practice, Jason clerked in the Eastern District of Virginia and on the United States Court of Appeals for the Sixth Circuit.

Trey Cox
Trey Cox is with Lynn Pinker Cox & Hurst, LLP, a litigation boutique in Dallas, Texas. His jury trial experience and courtroom success have earned him the distinction of being Board Certified as a Trial Advocate by the National Board of Trial Advocacy. Trey represents Fortune 500 corporations, entrepreneurs and leading firms in a wide array of industries. His dedication to his clients and his winning track record have repeatedly earned him recognition as a top trial lawyer in the country. He serves on the faculty of Southern Methodist University Law School and the National Institute for Trial Advocacy. He has lectured throughout the country, and authored numerous legal articles, white papers, and books, including How to Recover Attorneys' Fees in Texas.  |Trey received a B.A. magna cum laude from Washington & Lee University and his J.D. with honors from the University of Virginia School of Law

CHAPTER 1 — THE FOUNDATION............................................. 1
1-1 Legal Bases for Recovering Attorneys’ Fees............................ 1
1-2 Recovery of Attorneys’ Fees by Contract................................ 2
1-3 Recovery of Attorneys’ Fees by Statute................................... 3
1-4 Chapter 38............................................................................... 3
1-5 Declaratory Judgment Act...................................................... 5
1-6 DTPA...................................................................................... 6
1-7 Other Common Statutes.......................................................... 7
1-8 Recovering Attorneys’ Fees in Class Actions........................... 8
1-9 Recovering Attorneys’ Fees in Equity: Common Fund
Litigation and Attorneys’ Fees as Substantive Damages.......... 9
1-10 Recovery of Attorneys’ Fees Based on Litigation
in Bad Faith and Frivolous or Meritless Lawsuits................. 11
1-11 Recovery of Attorneys’ Fees After Settlement Offer ……………… 13
CHAPTER 2 — THE BASIC LEGAL REQUIREMENTS ……….. 15
2-1 Burden of Proof and Legal Standard …………………………………….. 15
2-2 Prevailing Party ………………………………………………………………. 16
2-3 Mandatory and Discretionary Awards ………………………………….. 18
2-4 Procedural Requirements ………………………………………………… 19
2-5 Procedural Requirements: Written Contracts ……………………. 20
2-6 Procedural Requirements: Presentment …………………………………. 21
2-7 Reasonable Attorneys’ Fees in Texas …………………………………… 23
2-8 Andersen Factors ……………………………………………………………… 24
2-9 Expert Testimony ……………………………………………………………. 26
2-10 Two Ways of Calculating Attorneys’ Fees in Class Action
Suits: The Percentage Method in Common Fraud
Cases and The Lodestar Calculation and Adjustment…………………..27
2-11 Lodestar Calculations ………………………………………………………28
2-12 Lodestar Not Relevant Where Parties Agree 
to Different Measure ……………………………………………………………. 30
2-13 Paralegal Time “Yes

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