[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP Code] Re: Plaintiff's Response to Defendant's Motion for Attorneys Fees Case No: [Case Number] Dear [Defendant's Name], I hope this letter finds you well. I am writing in response to your motion for attorney's fees filed on [date]. As the plaintiff in the above-mentioned case, I would like to address the arguments and claims made in your motion. To begin with, it is important to note that the laws governing attorney's fees in North Carolina are stipulated under [relevant North Carolina state law]. This law outlines the criteria that need to be met in order for a defendant to be awarded attorney's fees. Upon careful review of your motion, it is evident that you have failed to fulfill these criteria. Firstly, your motion inaccurately asserts that the claims brought against you were frivolous or brought in bad faith. However, this statement is unfounded and lacks any supporting evidence. It is crucial to adhere to the legal principles of adequacy and good faith when seeking attorney's fees. As such, your request for attorney's fees should be denied based on this ground alone. Furthermore, your motion fails to establish the reasonableness of the fees you are seeking. Under North Carolina law, any request for attorney's fees must be justified by demonstrating that the fees incurred were reasonable and necessary for the defense of the case. This includes providing a detailed itemized statement of the time expended and the tasks performed. Without such documentation, your motion lacks the requisite evidence to support an award of attorney's fees. Additionally, it is important to highlight that the outcome of this case has been in favor of the plaintiff. The court's ruling has clearly established liability on your part, making your request for attorney's fees all the more baseless. It is well-established that the prevailing party in a case should not be subjected to paying the opposing party's attorney's fees unless exceptional circumstances exist, which you have failed to demonstrate. In conclusion, I respectfully request that your motion for attorney's fees be denied based on the grounds outlined above. The absence of merit in your motion, the lack of supporting evidence, and the clear outcome of this case in my favor all work against your request for attorney's fees. Should you require any further clarification or information, please do not hesitate to contact me at [Phone Number] or [Email Address]. I trust that the court will examine this matter thoroughly and reach an appropriate decision regarding your motion. Thank you for your attention to this matter. Sincerely, [Your Name]
North Carolina Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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FAQ
Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.
(b) In no event shall the aggregate contingency fee exceed fifty million dollars ($50,000,000), exclusive of reasonable costs and expenses, and irrespective of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery.
A contingent fee is a form of compensation that is only paid when a specific objective has been achieved. For example, a contingent fee arrangement could pay an accountant $50,000 when the business plan he constructs is used in the successful sale of securities by a client.
You and your lawyer will negotiate the percentage of the contingency fee before you engage them to represent you. The typical contingency fee is anywhere between 33% and 40% of your award. In New York, contingency fees can't exceed 33%. Several factors could impact the amount of the fee.
Rule 1.5 - Fees (a) A lawyer shall not make an agreement for, charge, or collect an illegal or clearly excessive fee or charge or collect a clearly excessive amount for expenses.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and ...
