law-attorneys-fees-amount

CASELAW ON DISPUTES OVER REASONABLE ATTORNEYS FEES

In USAA County Mut. Ins. Co. v. Cook, this Court stated,

Factors that a factfinder should consider when determining the reasonableness of a fee include: (1) the time
and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the
legal service properly; (2) the likelihood that the acceptance of the particular employment will preclude other
employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the
amount involved and the results obtained; (5) the time limitations imposed by the client or by the
circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience,
reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or
contingent on results obtained or uncertainty of collection before the legal services have been rendered.
Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex. 1997) (citing Tex. Disciplinary R.
Prof'l Conduct 1.04). Attorney's fees must bear some reasonable relationship to the amount in controversy.
Cordova v. Southwestern Bell Yellow Pages, Inc., 148 S.W.3d 441, 448 (Tex. App.-- El Paso 2004, no pet.).
But, the amount of damages awarded is only one factor in determining the reasonableness of a fee award. Id.

241 S.W.3d 93, 102-03 (Tex. App.-- Houston [1st Dist.] 2007, no pet.). In the present case, the Bank
challenges only the amount of attorney's fees in relation to the amount in controversy, which is only one of
several factors to be considered. However, we address the evidence presented in light of each of the factors.

Bank of Texas, NA v. V R Electric (Tex.App.- Houston [1st Dist.] Sep, 4, 2008)(Alcala)
(suit over payment of forged check, breach of contract claim sustained, attorney's fees, proportionate
responsibility allocation of liability)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-07-00308-CV        Bank of Texas, NA v. V R Electric
Appeal from County Court at Law No 1 of Fort Bend County
Trial Court Judge: The Honorable David Hunter
Although the Bank contends that the amount of attorney's fees awarded is excessive, it presented no evidence
that a rate of $250 per hour for a Houston attorney is unreasonable or that the amount of time dedicated to the
case was unreasonable. Given the amount of time invested in the case by VR's attorney, charged at a
reasonable rate for this area for an attorney with the experience of Sandvig, the attorney's fees awarded are
not excessive or unreasonable. Accordingly, we hold that the evidence is sufficient to support the jury's award
of trial and appellate attorney's fees.