Excessive Fees?
Posted: Fri Dec 13, 2013 12:29 pm
Hale is spot on. See Local Rule 3015-1(u) and RARA Paragraph 16.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 12/13/2013 12:18:49 P.M. Pacific Standard Time,
bk.lawyer@gmail.com writes:
"unnecessary" - assumes facts not in evidence.
My experience is judges prefer clarity and written submissions to help
them rule. No filing may mean the debtor doesn't care, or that the attorney is
asleep at the switch. Judges don't want to penalize debtors for the
mistakes of the attorney. So, a filed notice of nonopposition provides clarity to
the court what the debtor's intentions are, and gives a good clean record.While the notice of nonopp isn't mandatory, the filing of one isn't
frivolous, and from what I understand, appreciated.
And because said services weren't unnecessary, provide value to the debtorand the court, charging for them is hardly excessive, and thus,
reasonable.
My $0.02.
Hale
____________________________________
Arsen
Sent: Saturday, November 23, 2013 8:17 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Excessive Fees?
My dear colleagues:
In my recent research of Supplemental Fee Application practice in chapter13 cases, I have noticed that some attorneys routinely perform unnecessarylegal services, then file a fee app for compensation for performing said
unnecessary legal services.
For example, some attorneys will file a notice of non-opposition to a
Motion for Relief from Automatic Stay, just to say that they do not oppose the
motion, which will be granted anyways regardless of their opposition or
non-opposition. Then the attorney will even attend the hearing on the motion,
and charge time for saying in court that debtor does not oppose the
motion, even after already filing a notice of non opposition. Subsequent supp
fee app will be more than $600.
I would like to solicit the views of the members of this list on this
practice.
Is it ethical? Should it be done?
How would you feel if you took your car to a mechanic, and he performed
unnecessary maintenance and then charged you for it?
Please share your thoughts and viewpoints. Thank you.
Hale is spot on. See Local Rule 3015-1(u) and RARA Paragraph
16.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 12/13/2013 12:18:49 P.M. Pacific Standard Time,
bk.lawyer@gmail.com writes:
"unnecessary" - assumes facts not in evidence.
The post was migrated from Yahoo.