Even in a fee-shifting case, it’s permissible for a judge evaluating a fee application to consider what a client would be willing to pay for the engagement, a New Jersey appeals court said in upholding the reduction of a $94,000 fee application in a case that settled for $10,000.

“We conclude, even in the context of fee shifting, a fee award should not be premised on a recoupment that would not have been the product of a rationally related fee agreement,” the Appellate Division said Jan. 21 in Winyard v. 21st Century Leasing Corp.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]