Attorney Fees in Civil Rights Cases

It is in your best interest to have a Fairfield County civil rights lawyer handling your case, as civil rights violation cases often involve complex litigation. Fortunately, given the importance of your civil liberties granted by the U.S. Constitution, it is one of the few areas of law where you can recover your attorney’s fees.

How the system ordinarily works.
Typically speaking, attorney fees are not awarded in legal matters.Rather, it is usually up to each individual party to pay their respective lawyers, regardless of who won or lost the case. However, civil rights litigation is an exception to this general rule, as mandated by the Civil Rights Attorney’s Fee Award Act of 1976. This Act allows the Court to award reasonable attorney fees to parties that prevail in their matters brought pursuant to civil rights section 1983, which provides for persons to bring federal and state civil rights actions.

Factors to Consider Regarding Reasonable Attorney Fees
The court has the authority to award to reasonable attorney fees to your Fairfield County civil rights lawyer. Authority exists for the Court to consider the following factors when determining whether fees are reasonable:

1) The documented time involved in the case;
2) The regular lawyer fees charged by him or her;
3) The results obtained in the case;
4) The reputation and experience of the Fairfield county civil rights lawyer;
5) The monetary awards in similar cases;
6) The novelty, desirability, and difficulty of the legal issues pursued;
7) The lost opportunity cost to the lawyer;
8 ) The length and nature of relationship between the client and the Fairfield county civil rights lawyer;
9) The skill and expertise needed to pursue the matter; and
10) Whether the lawyer fee was contingent or fixed.

Limitations with Frivolous Claims
Another important consideration regarding attorney fees is whether or not the legal claims brought were legitimate, not frivolous claims. There has been a split in decisions handed down by courts regarding frivolous claims. Some courts have allowed an award of attorney fees if any of the claims prevailed. However, other courts have decided not to award attorney fees if any claims were determined to be frivolous. A Fairfield County civil rights lawyer will know how to identify and pursue only legitimate civil rights claims on your behalf.

We Can Help
If you have any questions regarding attorney’s fee with respect to your civil rights legal matter, you should consult with a Fairfield County civil rights lawyer as soon as possible. To schedule a complimentary consultation with Fairfield County civil rights lawyer Mitchell Baker, please call (914) 681-9500.

The Wrong Reasons for an Appeal

As a Fairfield County appeals attorney, I frequently meet with many impassioned people
who are very unhappy with the ultimate decisions made in their legal case. However, often the reasons that a person believes a case should be appealed are not appealable issues. This does not however mean that legitimate appealable issues do not exist, just that sometimes the reasons for wanting to appeal are not those.

Bad Reasons to Appeal
The following are some of these non-pursuable issues:
1. Someone lied under oath.
2. You hate your ex.
3. There was a conspiracy against you.
4. The judge hated you and didn’t treat you fairly.
5. The judge decided in favor of my ex because she was wearing a sexy little skirt and revealing blouse.
6. The jury was incompetent.
7. On principle.

Notice that all of the reasons listed are fueled by emotion. This writing is not intended to discredit those emotions you may be having, but rather to help you understand that most people who lose a court battle experience these and other similar types of emotions. Unfortunately, an appeal must be based on legally appealable issues, which normally involve a legal error.

Don’t Be Discouraged
However, just because your reasons for wanting to appeal are not good, there may still be good legal cause for an appeal. You should not be discouraged from discussing your case with a Fairfield County appeals attorney. An experienced Fairfield County appeals attorney will be able to evaluate case for legitimate appealable issues. There are even exceptions where some of the previously listed non-appealable issues might be appealable. A Fairfield County appeals attorney can explain all your potential options.

We Can Help
Call Mitchell Baker, a Fairfield County Appeals lawyer, today at (914) 681-9500 for a free initial consultation regarding your appellate matter.