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Circuit Court upholds attorney-fee reduction

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The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.

In James and Christy Gastineau v. David M. Wright and Wright & Lerch, No. 09-1003, the Gastineaus' attorney Robert Duff appealed the District Court's corrected order on the Gastineaus' motions for attorney's fees. Duff was the third attorney to work on their Fair Debt Collection Practices Act case, in which he negotiated a final settlement of $45,000. He wanted $140,000 in fees, but the District Court reduced it to $52,000 after evaluating Duff's experience and performance.

Duff claimed the judge erred in determining a reasonable fee by reducing his billable hour rate from $250 to $150 based on his lack of experience and claimed the reduction in the number of hours billed constituted an impermissible double penalty.

The Circuit judges agreed with the District Court's ruling, finding the deduction was warranted. Duff joined the case three years after the action began and was the third attorney to work on the case, so he came on after substantial discovery work and motions practice was completed. He was also inexperienced with FDCPA actions, so the District Court found it was inappropriate to bill for learning this area of law. An attorney also testified Duff's rates were high for that area of law.

"This is clearly the case of an experienced district judge that considered the various factors in setting a reasonable attorney's fee and provided a sufficient explanation," wrote Judge Michael Kanne.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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