Tuesday, March 6, 2007
Omdahl and Attorneys Fees
Omdahl is a case that came out last year, but is scheduled for a MOAA (mini oral argument on application) before the Michigan Supreme Court tomorrow, March 7, 2007. The Court of Appeals held that an attorney representing himself in an Open Meetings Act (OMA) challenge could recover attorneys fees. I think this case could have implications for the recovery of attorneys fees beyond the OMA. I haven't decided whether I agree with the COA's decision. I think the case could potentially be good for attorneys who decide to reprsent themselves because they can be compesnated for the time they devote to a case even though they did not have a cash outlay to hire an attorney. But the case could be bad for our clients who we represent in cases where any in pro per attorney is on the other side and the in pro per attorney did not actually expend money on attorneys fees.
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2 comments:
Sounds interesting. At first I was not sure how I felt about the decision but after having thought about it I think that it may be professionally acceptable; if an attorney decides to represent themselves, they know the ramifications involved and if they can recover for reasonable attorney's fees (for the work that they actually put in, without fudging hours etc) then so be it. However, attorney's who make their living by representing other attorney may have a problem with this!
I tend to disagree with the court's finding. An attorney who represents herself may know the appropriate procedures and paperwork, but does not have the benefit of a counselor who can advise as a dispassionate non-party. This is where the "fool for a client" saying comes from.
It would appear that the court made light of the phrase "actual attorneys fees." I don't think that this language requires an actual bill, but it does require an amount owed.
My understanding is that federal law (and, I would wager, the majority law under the states) would rule against the plaintiff-attorney.
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