Legal Petition for Attorneys Fees

LEGAL PETITION FOR ATTORNEYS' FEES

Petitioner Name:   Respondent Name:

Case Number:   Court:   Presiding Judge:

RECITALS

WHEREAS, Petitioner asserts that Petitioner obtained a favorable judgment, settlement, or other enforceable right against Respondent in the above-entitled matter, entitling Petitioner to an award of attorneys' fees under contract, statute, or equitable doctrine; and

WHEREAS, the obligation to pay attorneys' fees arises from the following source(s): ; and

WHEREAS, Petitioner has incurred attorneys' fees and costs reasonably necessary to the prosecution, defense, or collection of the claims in this action as described below and seeks a judicial determination and award of such fees and costs.

NOW THEREFORE

Petitioner hereby petitions this Court pursuant to the applicable law and contractual provisions for an order awarding reasonable attorneys' fees and costs against Respondent as set forth in the numbered paragraphs below.

1. JURISDICTION AND VENUE

This Court has jurisdiction over this Petition pursuant to the laws invoked in the underlying action and venue is proper in this Court because the action was filed in this judicial district and the relevant transactions and parties are located herein.

2. STATUTORY AND CONTRACTUAL BASIS FOR FEES

Petitioner seeks fees pursuant to the following specific authority (check all that apply and provide statutory or contractual citation):

Statute or Code Section:

Contract Provision:

Equitable Doctrine or Common-Fund:

3. FACTUAL AND PROCEDURAL BACKGROUND

4. ITEMIZATION OF ATTORNEYS' FEES AND COSTS

The following is a reasonably detailed itemization of attorneys' fees and costs for which Petitioner seeks recovery:

Other Recoverable Costs (filing fees, expert fees, travel, photocopying, etc.): $

Total Attorneys' Fees and Costs Requested: $

5. REASONABLENESS OF FEES

Petitioner alleges that the rates charged and hours expended are reasonable in light of the skill, experience, and reputation of the attorneys and staff, the novelty and difficulty of the issues, the results obtained, and customary market rates for similar services. Counsel is prepared to submit contemporaneous time records, declarations, and billing summaries upon request or as ordered by the Court.

6. ATTORNEY DECLARATION

7. PROPOSED RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an order:

1. Awarding Petitioner reasonable attorneys' fees and costs in the amount of $ together with applicable interest;
2. Granting such other and further relief as the Court deems just and proper;
3. Authorizing entry of judgment in favor of Petitioner for the awarded fees and costs if Respondent fails to timely pay the awarded sums.

8. NOTICE AND SERVICE

Any notices in connection with this Petition should be served as follows:

9. ATTORNEY'S LIEN; RESERVATION OF RIGHTS

Petitioner and counsel reserve all rights to assert an attorney's charging lien, equitable lien, or other lien against any recovery, settlement, or judgment, and reserve the right to supplement or amend this Petition to include additional fees, costs, or adjustments as permitted by law or order of the Court.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Petition shall be governed by the substantive and procedural law of the jurisdiction in which the Court sits. This Petition constitutes the entire request for attorneys' fees submitted at this time and supersedes any prior informal requests concerning the same. If any provision of this Petition is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. AMENDMENTS; WAIVER; COUNTERPARTS

Petitioner reserves the right to amend or supplement this Petition. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Petition may be executed in counterparts and by electronic or facsimile signature where permitted.

DECLARATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury under the laws of the jurisdiction that the foregoing is true and correct to the best of my knowledge and that the amounts claimed are reasonable and were actually incurred in connection with this matter.

Sign Now