Legal Petition for Fees

LEGAL PETITION FOR FEES

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Court / Tribunal:   Case Number:   Filing Date:

RECITALS

WHEREAS, Petitioner commenced or defended the action described above and has incurred professional fees, costs, and other recoverable expenses in the prosecution and/or defense of claims arising under contract, statute, or equitable principles; and

WHEREAS, Petitioner asserts that Petitioner is entitled to an award of fees and costs from Respondent pursuant to the parties' agreement, a statutory provision, or the court's inherent authority, and has complied with any procedural prerequisites for seeking such an award; and

WHEREAS, the parties have been unable to resolve the fee claim and Petitioner hereby petitions the Court for an order awarding reasonable fees, costs, and interest as set forth below.

NOW, THEREFORE, Petitioner respectfully petitions the Court for an award of fees and costs, and alleges as follows:

1. RELIEF REQUESTED

Petitioner requests judgment or an order requiring Respondent to pay recoverable fees, costs, and pre- and post-judgment interest in the total amount of , plus taxable costs and such other relief as the Court deems just and proper.

Contractual fee provision Statutory fee shifting provision Inherent or equitable authority (bad faith, etc.)

2. BASIS AND METHODOLOGY

Petitioner seeks fees calculated by reference to the reasonable hourly rates customarily charged in the relevant market and the reasonably expended hours for each timekeeper (the "lodestar"), adjusted as appropriate for factors including the results obtained, complexity, skill required, time limitations, and any contingency risk. Petitioner submits that the requested award is reasonable under the applicable standards and under the fee provision(s) cited above.

3. ITEMIZATION OF FEES, COSTS, AND EXPENSES

Petitioner provides the following itemized statement of fees and costs incurred to date. Petitioner will supplement this statement as additional fees and costs accrue.

4. SUPPORTING DOCUMENTATION

Petitioner attaches or will file contemporaneous time records, billing statements, receipts, and any retainer or fee agreements that establish the basis for the requested award. The following exhibits are submitted in support of this Petition:

5. INTEREST, COSTS, AND PAYMENT

Petitioner seeks post-judgment interest from the date of judgment at a rate of percent per annum, compounded as permitted by law. Petitioner also seeks taxation of costs and an order directing payment to counsel as set forth in the accompanying declaration.

6. VERIFICATION AND DECLARATION

Under penalty of perjury, Petitioner declares that the facts set forth in this Petition are true and correct to the best of Petitioner’s knowledge, that the attached billing records accurately reflect the hours and expenses for which recovery is sought, and that Petitioner has complied with any applicable meet-and-confer or procedural requirements prior to filing this Petition.

7. NOTICES AND SERVICE

Notices and papers related to this Petition should be served on the following counsel or party addresses:

Mail    Email    Personal Delivery

8. MISCELLANEOUS PROVISIONS

Governing Law: This Petition and any subsequent order shall be governed by the substantive law of the jurisdiction in which the Court sits, without regard to conflict-of-law principles.

Entire Agreement: This Petition, including its exhibits and any fee agreements disclosed herein, constitutes the complete statement of the fees sought and supersedes any prior oral or written communications regarding the subject matter hereof.

Severability: If any provision of this Petition is held invalid or unenforceable, the remainder of the Petition shall remain in full force and effect and shall be construed so as to give effect to the intent of the parties to the greatest extent permitted by law.

Amendments and Waiver: Any amendment to or waiver of a provision of this Petition must be in writing and signed by the party making the waiver or amendment; no waiver by any party of a breach of any provision hereof shall be deemed a waiver of any preceding or subsequent breach.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

(a) Award Petitioner reasonable attorney's fees in the amount requested or such amount as the Court deems reasonable; (b) award costs and disbursements; (c) award interest at the rate set forth above; and (d) grant such other and further relief as the Court deems just and proper.

Sign Now